Terms and Conditions
A. Legal Provisions B. Informations to the Customers
I.
 General Provisions I. Provider’s Identity
II. Customer Liability/Member Conduct
 II. Confidentiality/Privacy Policy
III. Contract Proposal and Conclusion
 III. Contract Language
IV. Prices and Billing
 IV. Product Description
V. Delivery Time and Service
 V. Payment, Compliance and Supply
VI. Transmission Risk
 VI. Customer Support
VII. Claims    
VIII. Potestative Right
    
IX. Ownership/Property and Copyright
    
 X. Applicable Laws, Jurisprudence (Case Law), Jurisdiction and Severability
    

A - Legal Provisions

 

I. General Provisions:

 

1.1 - StretchUp™ is a project conceived and developed by the Jogo Jogado – Consultoria e Formação, Lda. society  – hereafter referred as Jogo Jogado;

 

1.2 - StretchUp™ products are available at www.stretchup.com and all its Purchase (Customer or Buyer)/Sales (Seller) contracts are made only when in accordance with the included Present General Conditions;

 

1.3 - Any contractual conditions contrary or divergent from the Present General Conditions shall not be accepted, unless Jogo Jogado, expressly and in written, may have decided otherwise before concluding the Contract. In this case, only previously agreed conditions apply to the Contract in force;

 

1.4 – Present General Conditions are, nevertheless, exceptionally, accepted when despite the knowledge that the Customer’s conditions are contrary or divergent from the Present General Conditions, the Order is carried out without reservation;

 

 

II. Customer Liability/Member Conduct:

 

2.1 – In order to place an Order, the Customer has to have a valid and working E-mail address the moment he orders until the whole process is thoroughly accomplished;

 

2.2 – As to warrant the Conclusion and Perfection of the Contract, the Customer must likewise assure that none of our E-mails will be blocked  or considered SPAM, as well as to guarantee that he/she/it sees the full content of all the messages sent by Jogo Jogado;

 

2.3 - Customer’s registered E-mail address provided when ordering for the first time will remain valid for futures orders, unless such E-mail Account has been deactivated or the Customer informs Jogo Jogado of a new E-mail onto which the former shall be thenceforth contacted;

 

2.4 – Besides E-mail, Customer shall also provide Jogo Jogado with a valid telephone number, to be used only should online means fail or in the case of a pertinent reason concerning Dispatch;

 

2.5 - Jogo Jogado is not responsible for the loss or lack of Information meant for the Customer, when such Information has been sent to the registered E-mail Account provided by the Customer. Nor shall Jogo Jogado be liable for the loss or lack of Information that did not get to the Customer, much less because of the latter not having either a valid telephone number or not answering the call;

 

2.6 - Jogo Jogado only considers itself liable for the Customer’s non-Reception of Information in case the latter proves so and, subsequently, the former is therefrom accountable.

 

 

III. Contract Proposal and Conclusion:

 

3.1 – According to the Present General Conditions, Jogo Jogado reserves itself, by default, the right of considering an Order Placement Request (placed at www.stretchup.com followed by its respective Payment) as a concluded Contract of Purchase/Selling of Goods and Services;

 

3.2 - Upon ordering, Jogo Jogado will demand the Customer to confirm the Data on both the Dispatch  and  Identification Sheet, destined to back up Delivery Detail and due Billing;

 

3.3 - After the Order Placement Request is received along with due Payment, Order Confirmation along with due Dispatch’s Data is emailed to the Customer by Jogo Jogado;

 

3.4 - After confirmation of Customer’s Data, Jogo Jogado will email Customer a proof of provided Data and a copy of the due Invoice, hence concluding the Contract of Purchase/Selling of Goods and Services, which becomes mandatory for all legal purposes;

 

3.5 – Should the Customer, for whatever shipment purposes, provide another Drop Off Point different from the one on his/hers/its Identification Sheet, then the Contract is considered concluded and it is up to the Customer to answer for the lost parcel;

 

3.6 – In the case of Customer acting on behalf of a Third Party, the Contract is only considered concluded with the Third Party, should a Letter of Powers of Attorney had been presented onto Jogo Jogado and recognized by the latter — thus expressly confirming Contract Conclusion with aforementioned Third Party;

 

 

IV. Prices and Billing:

 

4.1 - StretchUp™ products´ prices shown at www.stretchup.com and on the Customer Posters’ list are per unit;

 

4.2 - Displayed prices include products’ package, postage and VAT at the statutory rate;

 

4.3 - Displayed prices apply on the condition that given Data by the Customer, when placing the Order, remains unaltered until Contract expires. Resulting costs thereof from later changes will be charged separately;

 

4.4 – Displayed price includes one sole Dispatch to the address provided by the Customer. For which in case of returned mail it must be the Customer to pay for the new Dispatch;

 

4.5 - A printed invoice will be sent along with the parcel;

 

4.6 – Order Acceptance requires upfront payment for the desired product;

 

4.7 – Selling Prices already include VAT at the statutory rate.

 

 

V. Delivery Time and Service:

 

5.1 - All products’ Delivery Time stated at www.stretchup.com are merely indicative;

 

5.2 - Delivery Time Deadlines shown at www.stretchup.com are only started after an Order Confirmation is emailed by Jogo Jogado, which must be sent within the next 48 hours (forty-eight hours) to the date of Purchase/Selling of Goods and Services Contract Proposal;

 

5.3 - Delivery deadline is always calculated in weekdays.

 


VI. Transmission Risk:

 

6.1 - Being the Customer the final Consumer, the risk of product deterioration only spreads onto him/her/it upon Parcel Delivery.

 

VII. Claims:

 

7.1 – Jogo Jogado grants Customer a Claim Deadline of 5 (five) working days starting from the moment the latter gets the product in order to find fault about any damages or disparities between ordered and received item (product);

 

7.2 – Jogo Jogado reserves itself, by default and henceforth, the right of only accepting items whose damages result from their manufacture and/or transport, and therefore pledging in either eliminate detected damages or – should elimination not be possible – in replacing the item altogether, without any costs to the Customer;

 

7.3 – For Complaints’ purpose regarding damages and or non-compliance, Customer must email Jogo Jogado, within aforementioned Claim Deadline at info@stretchup.com;

 

7.4 – Aforementioned E-mail must include a Detailed Description of the damaged received item(s) or of any non-compliance practices. Moreover, whenever such damaged item or disparity between ordered and received item be noticeable, a photo of it must be must be attached onto the E-mail and sent to Jogo Jogado;

 

7.5 – If after Complaint and Proof of damaged item, Jogo Jogado determines that such damage did not come from product’s manufacture, packaging or shipment, then Jogo Jogado is given the right to refuse any Post-Sale Assistance;

 

7.6 – Jogo Jogado reserves itself, by default, the right to not accept claims based solely on the fact, that end product’s color tonality (hue) differs from the one as seen on Customer’s computer monitor;

 

7.7 - If after Complaint and Proof of non-compliance, Jogo Jogado determines that the Customer has reason to claim, then the former shall exchange respective StretchUp™ product without whatever costs to the Customer;

 

7.8 – Any product replacement, as mentioned from 7.1 to 7.7, will only take effect after damaged or non-complied StretchUp™ product is returned to Jogo Jogado;

 

7.9 – Customer is liable for damaged or non-complied items Devolution, entailing all its inherent costs.  Jogo Jogado will only accept Devolution if Courier used is the same one that carried the Parcel (product) when the Customer ordered it in the first place;

 

7.10 – Customer must inform Jogo Jogado when parcel (order) was not received, thereby mandating Jogo Jogado to investigate and repair the situation;

 

7.11 – Customer’s Claims, whether by damaged item or due to disparity between ordered and received item, must be emailed to info@stretchup.com;

 

7.12 – All received Claims [by Jogo Jogado] are to be replied, at the most, within the following 72 (seventy-two) hours;

 

 

VIII. Potestative Right:

 

8.1 – Jogo Jogado classifies the concluded Contract with the Customer as a “Distance Contract” (i.e. “Contrato Celebrado à Distância”), considering therefore this to be subject to the constant provisions of both Portuguese Decree-Law 143/2001 of April 26th and Decree-Law 317/2009 (i.e. Decreto-Lei 143/2001, de 26 de Abril, com a última redacção dada pelo Decreto – Lei nº 317/2009);

 

8.2 – Without compromising the designation “Distance Contract” Jogo Jogado reserves itself, by default, the prerogative of not accepting the Potestative Right’s exercise, established on the 6th Article of the aforementioned Decree, because under on the 7th Article of the same document a restriction to that Potestative Right is allowed, whenever supply of “clearly customized” Goods may be compromised;

 

8.3 – StretchUp™ products fill the concept of “clearly customized” Goods because they are typographic products custom-made upon Customer’s specifications, which makes each poster (product) to be unique, different from the rest.

 

 

IX. Ownership/Property and Copyright:

 

9.1 - StretchUp™ products sold by Jogo Jogado can not be by any means be reproduced or imitated;

 

9.2 - StretchUp™ copyright is property of Jogo Jogado;

 

9.3 - All StretchUp™ products bear distinctly the Logotype “StretchUp™ – All Rights Reserved” or the respective translation into another language. Besides this Trademark, all StretchUp™ products possess a serial number, which make each poster (product) to be unique;

 

9.4 - No component of this product can be total or partially copied, published or distributed total without Jogo Jogado’s due permission in written;

 

9.5 – Infringement/Violation of Copyright protected contents bestows Jogo Jogado (Holder) the right to enforce Copyright in a Civil Law Court thus filing a Lawsuit against the Offender, as well as demand from the latter an Indemnity/Compensation for the caused Damages concerning Property/Economic Rights and Natural Rights – the so called Moral Rights;

 

 

X. Applicable Laws, Jurisprudence (Case Law), Jurisdiction and Severability:

 

10.1 - The Present General Conditions and the legal relations between Seller and Buyer (Customer) are governed under the rules of Portuguese Law;

 

10.2 - If any provision of these General Conditions or a provision established under other Agreements is invalid or will become invalid, it does not compromise, however, the validity of the remaining General Conditions or Agreements.

 

 

B. Information to the Customers:

 

- The present Information seeks, within the Legal Terms, to clarify the Customer about the process of the Contract’s Conclusion and its Implementation;

 

- This Information to the Customer does not constitute the Contractual Conditions. This Information belongs to our General Conditions;

 

- Information to the Customer is considered an integral part of the General Conditions and is attached onto these;

 

I. Provider’s Identity:

 

1.1 - All products are available at  www.stretchup.com and are provided by:

Company: Jogo Jogado – Consultoria e Formação, Lda.,

Taxpayer Information Number: 508 784 590;

Head Office: Rua de Santo António, Lote 22, Loja, 2660 – 334 Santo António dos Cavaleiros. PORTUGAL;

E-mail: info@stretchup.com;

URL: www.strechup.com;

 

II. Confidentiality/Privacy Policy:

 

2.1 - Personal Data provided by the Customer, when ordering StretchUpTM products, are solely used for Compliance and Implementation of the Contract;

 

2.2 - StretchUp™ products are both shipped and delivered either by UPS or the CTT, to whom only the strictly necessary data, for transportation and delivery purposes, shalll be provided;

 

2.3 - Exceptionally, and only with the Customer’s full Consent the moment he/she/it signs in, Personal Data, namely his/hers/its E-mail may be used for additional Information regarding StretchUp™ such as Newsletters, Advertising the new array of products. The Customer may, at anytime, if he/she/it do so wishes to cancel or update his/hers/its Personal Data Profile at Customer Area;

 

 

III. Contract Language:

 

3.1 - Contracts are concluded in Portuguese.

 

 

IV. Product Description:

 

4.1 - Customer may obtain all Information regarding the StretchUp™ products at www.stretchup.com.

 

 

V. Payment, Compliance and Supply:

 

5.1 - The Means for Payment are the ones stated at www.stretchup.com;

 

5.2 - Delivery dates displayed on screen and afterwards, upon remittance confirmation, are merely indicative;

 

5.3 - Jogo Jogado only ensures the Dispatch of StretchUp™ products to the countries cited at www.stretchup.com.

 

 

VI . Customer Support:

 

6.1 - Any question, doubt or request for information must be put in written and sent to our Customer Support E-mail: info@stretchup.com.