General Terms of Use

1. INTRODUCTION

These Terms and Conditions are intended to govern the content of the mobileview.pt website (the "website"), owned by Dayron Garcia Gomez, a sole proprietor with Taxpayer ID 253540178, based in Leiria, registered with the Commercial Registry Office of Leiria (hereinafter, for short, "Mobile View"), and its use by Users, as well as the conditions applicable to purchase and sale contracts entered into with the Customer through the website.

2. PRICES AND DISCOUNTS

Products sold by Mobile View are invoiced in euros and are exempt from VAT (provided that you provide us with an intra-community VAT number in accordance with article 19 of this document) at the price of the rate in force on the day the order is registered by Mobile View, excluding delivery fees and provided that the delivery time is not extended. Mobile View reserves the right to modify its prices at any time, in compliance with current regulations. For the European Union, prices are available in euros on the Website, but also in the currency of the shipping country. In some cases, products are purchased in a different currency, which may cause a price variation. If this variation is greater than 3%, it may be charged on the day of invoicing. After accepting these general terms and conditions of sale from Mobile View, by selecting the option that validates this acceptance. Any Mobile View customer can benefit from discounts for large quantity orders, with discounts varying according to the products ordered.

3. PAYMENT CONDITIONS

Except for special conditions which must be subject to a written agreement, Mobile View's payment conditions are as follows: by Debit or Credit Card (American Express, Mastercard, Visa, Maestro); by PayPal; by Bank Transfer (24-hour grace period); by Entity and Reference (Portugal);

4. INVOICES

All orders placed at Mobile View will be processed by the Mobile View accounting department up to 7 (seven) business days after the delivery of the goods and will be invoiced through one of the companies with stakes in Mobile View. Mobile View will not process any invoice without a valid taxpayer number. Invoices will be available in the customer area of our website.

3. PRODUCTS AND SERVICES

3.1. PRODUCT INFORMATION

Mobile View takes into account the information regarding the essential characteristics of the products through technical descriptions shared by its suppliers, and photographs and videos that illustrate the products sold, in strict compliance with market standards.

3.2. PRODUCT TYPES

Among the products available for sale on the website, you can find new and refurbished equipment.

3.2.1. REFURBISHED EQUIPMENT

Refurbished equipment includes all devices, fully certified and tested by specialized and certified companies, that have been, at least once, taken out of the box (for display, for example), and may or may not have been subject to actual use.

In addition to an evaluation made by the brand and/or the reseller of the refurbished equipment, Mobile View performs a test on the condition of the phone. In this case, a technical check is carried out to guarantee the device is 100% operational, as well as a cleaning and disinfection of the same.

With regard to refurbished equipment, its category (A+A, B, and C) must be taken into account. The categories of refurbished equipment are used to classify the signs of use they present. This distinction allows, on the one hand, to inform Customers and manage their expectations, with the price of the equipment differentiated according to its category.

Mobile View's refurbished equipment can fall into the following categories:

* Grade A+: This product has been practically unused and looks like a brand new phone.

* Grade A: The phone may have some signs of use, such as light scratches, scuffs or other light marks. There are no cracks on the screen. The product has been fully tested and works perfectly.

* Grade B: The phone has significant signs of use, such as scratches, dents or other marks. There are no cracks on the screen. The product has been fully tested and works perfectly.

* Grade C: The phone shows very visible marks, such as very accentuated scratches and deep dents. The phone is unlocked, has been fully tested and works like new.

3.2.2. iCloud and Apple ID on refurbished equipment

The definition of iCloud and Apple ID data is the responsibility of the customer and in case of forgetting, Apple Support will not be able to help restore the equipment and proceed with the respective deactivation of iCloud, nor does Mobile View have permission to carry out this operation. Mobile View advises you to save your iCloud account access data, the associated Apple ID and the respective password in a diary, keynote on the device or another secure location.

3.3. Product photos

The photographs of the products presented are for illustrative purposes only. As such, Mobile View recommends that the User consult the detailed description of each product and, if necessary, contact Mobile View directly, in order to obtain complete and accurate information about its condition and respective characteristics.

3.4. Price information

The retail prices indicated on mobileview.pt, its subdomains, and physical stores are presented in euros. VAT is included in all prices mentioned.

The prices and products available on the Mobile View website, as well as promotional campaigns and offers, are only valid for purchases made through the website and may not coincide with those practiced in physical stores, unless promotions are expressly indicated on the online page.

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

3.4.1. VAT ASSIGNED TO REFURBISHED PRODUCTS

The prices of refurbished products are taxed under the special VAT taxation regime - Second-hand goods. According to article 8 of Decree-Law no. 199/96, of October 18:

1) The transmissions of second-hand goods, works of art, collectors' items, or antiques, subject to the special margin taxation regime, are exempt from tax, when carried out under the terms of article 14 of the Value Added Tax Code;

2) The exemption referred to in the previous number gives the right to deduct the tax that may have burdened the acquisitions of the respective goods and is expressed in the invoice or equivalent document.

4. PRODUCT AVAILABILITY

4.1. AVAILABILITY ON THE WEBSITE VS. PHYSICAL STORE

The Mobile View online catalog is independent of the physical stores regarding available stock quantities.

4.2. ITEMS IN STOCK

All items on the website are available for ordering. In physical stores, there may be items that are only on display and are not available for sale. Items available both online and in the physical store have limited stock, so they may become unavailable without notice. If, after placing an online order, the ordered item is unavailable or out of stock and this fact interferes with the normal processing of the order, the Customer will be duly informed and can choose to wait for the item to be restocked or cancel their purchase order, without any additional penalty.

4.3. ITEMS WITH NO STOCK AVAILABILITY

In the event that the item(s) the Customer wants are out of stock online, there is a possibility for them to register to receive an email notification when the item is back in stock. To do this, they must follow the following steps:

1. On the page of the desired product, select "Sold Out Online – Notify Me";

2. Enter the email address to which you wish to be notified;

3. Click on "Confirm".

Please note that when a out-of-stock item is back in stock, the email notification is sent to all contacts who registered to receive it, with no priority in sending or possibility of prior reservation.

5. SHIPPING – DELIVERY – DELIVERY FEES

Upon receipt of your order, we recommend that you check whether the delivered products are in accordance with your order or indicate if they are damaged, if applicable, while you are signing for your delivery. Except as indicated by the customer, Mobile View will choose the best method for shipping your products. As indicated by the Customer, the risks associated with delivery will be the responsibility of the customer and the shipping company. The customer can opt for an EXPRESS delivery (an order placed before 2 pm will be delivered in 24h/48h.), with the exception of chemical products. These conditions apply exclusively to mainland Portugal. A delivery by regular mail normally takes 3-5 business days after confirming your order. These delivery times may not be met for locations with less accessibility.

The Customer must, as soon as they receive the products, ensure that the package is in good condition. Otherwise, they must report the non-compliance to the transport company within the legal period. Attention: the mentions "subject to inspection" or "subject to opening" have no legal value with transport companies. The Customer has the obligation to show proof if any product is missing or has a defect.

Mobile View takes all measures to respect the stipulated delivery times and will not accept any claim for damages and interests due to a delay in delivery and will not, in this case, accept any cancellation on this basis. An order including products not available in stock has a longer delivery time and in this case may be cancelled. If you do not receive your order within the indicated period, the customer must inform Mobile View up to 30 days after the shipping date so that an inquiry can be opened with the transport company, which may take a few days. We ask that you attach to your request a photocopy of your citizen's card and a statement informing that you have not received the order. During this inquiry, Mobile View will not be able to make any decisions regarding the customer's order.

6. CLAIMS

If the products received do not comply with the invoice, the customer must alert Mobile View immediately or at the latest within 3 (three) days after receiving the order. A copy of the invoice must be sent attached with the Customer's complaint. Any complaint regarding the quality of the product must be accompanied by a document indicating the defect and, if it is necessary to prove this defect, a sample of the same product must be sent, in its original packaging, with the useful references for its identification. No claims will be admitted if the conditions above are not respected.

8. RETURNS

The return, exchange or cancellation of the order can be made by the customer, up to 14 days from the date of its receipt, and in case of return or exchange you have up to 15 days (after our acceptance) for it to be received by us. All returned products must be in perfect condition, with labels or seals intact, without any marks or scratches that compromise their resale, carefully packed, accompanied by their respective accessories (e.g., earphones, cables, user manuals, etc.) and without any alterations to the respective references and serial numbers. The return of the products must be made to one of the Mobile View After-Sales Services by registered mail, regardless of whether they are subject to refund, exchange or return.

To process your return, the customer must contact Mobile View, which will issue the necessary written authorization. In the case of returning the order without Mobile View's authorization, it will be sent back to the customer with shipping costs at their expense. Refunds will be processed within 20 business days after good receipt and verification of the products. Virtual products (licenses, software...) cannot be subject to cancellation, return or refund, due to manufacturer restrictions. Taking into account hygiene rules, we may not fully refund headphones and/or earphones that have been handled.

Remember! We do not accept returns or exchanges of Apple products that have been opened and/or activated. The customer must manage incidents of these products directly with the Apple warranty. Returns or exchanges are not accepted with the justification that “the customer does not like the product” or “the product does not meet the customer’s expectations”, that is, any return or exchange that is not related to a product failure or an error committed by us. The return of products must be made to one of the Mobile View After-Sales Services by registered mail, regardless of whether they are subject to refund, exchange or return.

9. WARRANTY

The products sold by Mobile View benefit from the “manufacturer's warranty” of one or two years. This warranty may be longer and vary depending on the manufacturers and products. Repairs with or without warranty, for branded items from manufacturers (whether they are directly present in Portugal or are represented by third parties) are accepted by manufacturers or authorized representatives. In case of breakdown or defect, the materials must be sent directly to the manufacturers or authorized representatives.

Mobile View is responsible for any repairs with the manufacturers. Regardless of the problem with your item, you must send a photocopy of the invoice, the warranty (present in the original box) and the return slip along with the device. The shipping costs of the item(s) are borne by the customer.

For all information regarding the After-Sales Service, you can contact our Customer Support Service, which is available from Monday to Friday from 9 am to 6 pm (consult our contacts page).

The warranty on products sold by Mobile View does not cover: the replacement of consumables (batteries, light bulbs, fuses, antennas, headphones, microphones, wear of reading or recording heads...); abnormal or non-compliant use of the products. In this case, you should consult the user manual provided with the products; accessory failures (power cables...); damage caused by the intervention of a repairer not authorized by Mobile View; damage caused by use not in accordance with the intended use of the product (professional, collective use...); damage from external causes.

The warranty does not apply to the repair of damages resulting from an external cause to the device (for example, accident, shock, lightning, current fluctuation...) or a customer error resulting, for example, from use or installation that does not comply with the manufacturer's specifications, use harmful to the preservation of the device, commercial or collective use or use of inappropriate peripherals, accessories or consumables. In any case, Mobile View is not responsible for the non-application of the warranty by the manufacturer. If the manufacturer does not carry out the repair, they will make a quote. If you refuse to pay this quote, the manufacturer will charge administrative fees. If you accept the quote, you must make a bank transfer to Mobile View corresponding to the value of the quote.

10. ADVERTISING

Advertising and promotional materials (catalogues, posters, etc.) may be entrusted to customers for their activities solely for use and display at the locations authorized by Mobile View for the sale of its products. The Customer may not be considered a Mobile View Agent, as this would require authorization from Mobile View's Management. The terms "Mobile View Agent," "Mobile Depositary," or "Mobile Store" should be used in a way that does not give third parties the impression that Mobile View has any interest or responsibility in the management of its customer's business. The "Mobile View" or "Mobileview.pt" brand may not be used without prior written agreement from Mobile View. The customer who wishes to advertise undertakes to consult the relevant Mobile View departments in order to obtain their agreement.

11. TRADEMARKS

The brands distributed by Mobile View are protected by current laws and international conventions. Consequently, neither customers nor third parties in general are authorized to use the trademarks without a preliminary written agreement from them; and the acceptance of these General Conditions does not in any way constitute such authorization.

12. INSURANCE

To cover the risks of loss, theft, or other damage during transportation, each party must take the necessary measures with their insurance company.

13. INFORMATION ABOUT CONTENT

Mobile View reserves the right to modify the information and commercial offer presented regarding products, prices, promotions, commercial conditions, and services provided at any time.

We strive daily to ensure that the information presented on our website is free from typographical errors, and we will correct them as soon as possible whenever they occur. If the information presented does not correspond, for any reason, to the product's characteristics, the Customer, in case of doubt, should confirm the EAN code, look for our reference on the brand's official website, and confirm the specifications before making their purchase, and may not hold Mobile View responsible for any errors in the product description.

The photos shown may not correspond to the described configurations and may be merely representative.

Prices and specifications are subject to change without prior notice.

Despite our constant effort to verify and update, some products in our catalog may have an incorrect price, so we always check the prices when processing orders. If the product price is lower, we will refund the difference; if the price is higher, we will inform the Customer and await their decision to accept or cancel the order.

All promotional campaigns have limited stock and are exclusive to online sales.

14. LIMITATION OF LIABILITY

No liability will be accepted for direct or indirect losses or damages, whatever the cause. Under no circumstances may the Customer operate, under any pretext, returns of any kind on the value of invoices that correspond to an incomplete delivery or defective products.

15. RESERVATION OF OWNERSHIP

Mobile View will remain the owner of the goods delivered until payment is made in full. A promise of payment is not considered a full payment until said payment is actually processed. Any damage caused to the goods while in the customer's possession, even if they have not been paid for in full, is their responsibility. If the customer hands over the goods to a third party and they have not been paid for, we advise them to inform Mobile View immediately.

16. RESCISSION CLAUSE OF SALE

In the event of non-payment of a delivery after the deadline, the sale shall be considered void eight days after notification by registered letter with acknowledgment of receipt. Mobile View will reclaim the goods in question without delay, with all associated fees and risks being the customer's responsibility. The return of the goods does not exclude the possibility of interest and damages.

17. DELAY PENALTIES

In application of the laws and regulations in force, a customer who makes a payment after the date stipulated on the invoice (after the deadline set in Article 3 of the Conditions above) will be subject to a delay penalty, the amount of which will be calculated based on one and a half (1.5 times) the banking base rate and applicable from the day of delivery of the products.

18. TERM EXPIRATION

Failure to pay on time will result in the right to demand the immediate settlement of all sums due by the customer as well as those yet to fall due.

19. APPLICABLE LAW – JURISDICTION

In the event of failure to reach an amicable payment, all disputes that may arise between Mobile View and its customers shall be the exclusive competence of the courts of Portugal, and the applicable law shall be Portuguese law. Some products that are the subject of this invoice may be subject to regulations concerning strategic products. In this case, such products may not be exported without prior and express authorization from Mobile View.

20. CONSUMER

National Centre for Consumer Conflict Information and Arbitration (CNIACC);

Coimbra District Consumer Conflict Arbitration Centre (CACCDC);

Lisbon Consumer Conflict Arbitration Centre (CACCL);

Arbitration Centre of the Autonomous University of Lisbon (CAUAL);

Madeira Autonomous Region Consumer Conflict Arbitration Centre;

Porto Information and Arbitration Centre (CICAP);

Vale do Ave Information and Arbitration Centre (TRIAVE);

Algarve Information, Mediation, and Arbitration Centre (CIMAAL).

21. ELECTRONIC COMPLAINT BOOK

In compliance with Ordinance No. 201-A/2017, of June 30, and without prejudice to the possibility of contacting us through one of the means mentioned in Point 24, the Customer is informed that they can submit a complaint through the Mobile View Electronic Complaint Book, accessible at www.livroreclamacoes.pt.

For more information, you can consult the website https://www.consumidor.gov.pt/livro-de-reclamacoes.aspx.

22. APPLICABLE LAW

These Terms and Conditions, as well as all contracts that may be concluded under them, are governed by Portuguese law.

23. MOBILE VIEW'S LIABILITY AND FINAL PROVISIONS

Mobile View will not be responsible for any damages or losses that may result from incorrect functioning of the website, whether due to computer failure, viruses, Trojan horses, worms, or any material that may affect your computer, computer equipment, data, or materials, as a result of using the website.

Possible programming errors or defects in the functioning of the computer system (machine) are excepted, under the terms and for the purposes of articles 32 and 33, no. 2, paragraphs a) and b) of Decree-Law no. 7/2004, of January 7.

If any clause of these Terms and Conditions is deemed illegal, invalid, or unenforceable, in whole or in part, under any law, that clause or part thereof shall, to that extent, be understood as not forming part of these Terms and Conditions, and the legality, validity, and applicability of the remaining clauses will not be affected. In this case, the part of the illegal, invalid, or unenforceable provision must be replaced with a (part of a) provision that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect to the illegal, invalid, or unenforceable provision or its part, taking into account the content and purpose of these Terms and Conditions.

These Terms and Conditions contain the entire agreement between Mobile View and the User. Mobile View reserves the right to, at any time, change these Terms and Conditions in any way. The changes introduced to the Terms and Conditions will not have retroactive application, that is, they will not affect any contractual relationships established at a time prior to the change, and will take effect immediately.