Terms of Service2018-05-21T17:14:04+00:00

TERMS AND CONDITIONS OF THE ONLINE SHOP

PREAMBLE
These terms and conditions constitute a legally binding agreement and incorporate the terms and conditions governing the acquisition to MOG TECHNOLOGIES, SA, a commercial company incorporated under Portuguese law, located at Rua Engenheiro Frederico Ulrich, nº 2650, 4470- 605 Maia, legal person no. 508225825, with the same registration number with the Commercial Registration Office of Maia, of any products through the website shop.mog-technologies.com
The website shop.mog-technologies.com is intended for the dissemination of products, dissemination of technical information and marketing of articles by MOG TECHNOLOGIES, SA (hereinafter referred to as MOG only) and is owned by MOG.

1. PURPOSE AND SCOPE

  1. The purpose of these conditions is to define the general conditions of sale established between MOG and the Customer, from the order to the delivery of the goods.
  2. These conditions govern all the steps necessary to carry out the order and guarantee the follow-up of this transaction between the contracting parties.
  3. By using the website shop.mog-technologies.com and purchasing from MOG’s online shop, Customer expresses its full and complete acceptance of the general terms and conditions of the online sale and the prices and products contemplated in the respective transaction so, the information contained herein must be read carefully.
  4. Upon acceptance of these terms and conditions, the Client declares that he / she has the necessary capacity for the execution of the Contract, namely the majority of age (18 years) and that provides true data.
  5. MOG reserves the right to change freely the terms and conditions set forth herein without prior notice.
  6. In our privacy policy we list the forms of data collection and treatment of our clients and visitors, as well as the security mechanisms used to protect your data. So you should read it carefully and if you do not agree with it, you should not use our online shop.
  7. The reproduction, publication, distribution or modification of any content of this online shop is expressly prohibited without prior express and written authorization by MOG. The customer can save and print the contents of the virtual store online, for personal use only.
  8. MOG reserve the right to modify at any time the information and commercial offer presented on: products, prices, promotions, commercial conditions and services.
  9. The information presented in our virtual store online has been rigorously analyzed so that it is absent from errors, however situations may occur that due to computer error, technical, manual or any other source, the information may have been published wrongly. Whenever such cases occur, we will immediately proceed to their correction and if the error has an impact on the ordering process we reserve the right to invalidate or cancel the order.

2. Prices

  1. Prices must be understood in Euros, without taxes and fees included.
  2. Rates and taxes only appear at the time of ckeckout.
  3. Prices will be presented in EUR and USD according to the location of the visitor / customer, through the automatic management of the store platform
  4. MOG reserves the right to change prices and commercial conditions without the need for prior notice.
  5. If there is a change in the price lists of the products on sale on this website, this situation will require an update of the advertised prices. If this occurs, this situation will not affect already registered orders, as it will not affect the change of any commercial conditions that have since changed.
  6. The prices shown always correspond to the most current prices, however, they should only be considered valid while they are visible on the website in a refreshed page (cache or pages not refreshed, may show prices that are no longer valid). The price shown is only guaranteed under these conditions and only after the order is duly registered and paid according to the conditions of payment contained in these conditions of sale (Article 2 (7)
  7. MOG declines all responsibility for possible price errors detected and that appear in the virtual store online, due to any type of anomaly and that arise in the process of handling the order. If the price of the product presented in our online shop is lower than the actual price, the difference is returned. If the actual price is higher than that shown on the online shop, the customer will be contacted and can accept or cancel the order within 24 working hours.

3. Order 

  1. To make purchases through our online shop it is necessary, to register in the online shop.
  2. Once registered, you can add the desired products in the shopping cart and follow the ordering process so that it is completed successfully.
  3. The sending of the order and the validation of the purchase order by the customer, means the full and complete acceptance of the prices and description of the products available for sale, as well as the general conditions of sale, which will be the only ones applicable to the contract.
  4. The data contained in the invoice are the responsibility of the Customer. The invoice once issued, can not be reissued with changes.
  5. After completing the ordering process, and if you choose to pay by bank transfer, you will receive, within 24 working hours, an email with the confirmation of the transaction and the information on how and the deadline to make the payment. In the case of Paypal payment, payment is immediate. In the event of an anomaly, you should immediately request your correction, or, if you prefer, cancel the order, within a maximum period of 24 working hours.
  6. MOG will honor orders received online only up to the limit of available stocks. In the absence of availability of the product, MOG undertakes to inform the Customer, by e-mail or by telephone, of the new date of availability. In case of refusal by the customer, MOG will cancel the order and refund the amount paid including the shipping costs, if payment has already been made and proven, within a maximum period of 30 days from the date of the knowledge of unavailability.
  7. Order are valid for 5 (five) days after receipt of confirmation of the transaction. If payment the is not received by our services within that period, the order can not be validated.
  8. The order may be canceled by the customer if it has not yet been paid or in accordance with the commercial return and refund policy.
  9. If the order has not yet been paid, the customer must access his customer area in the online shop and may cancel it.

4. Payment

  1. Our online shop provides the following forms of payment to customers:
  • Paypal – One of the most secure and used payment methods worldwide for online purchases. For information or to create an account, please visit: https://www.paypal.com/en
  • Via Paypal credit card – Payment through the credit card of your bank. At the time of payment, all order and card data exchanged between our online shop and the bank are properly encrypted while keeping the transaction secure.
  • Bank Transfer – Payment through your bank, where you must place the order number in the description of the transfer. You should send the proof of payment to the email onlineshop@mog-technologies.com. After confirmation of receipt of the value by the bank, we will process the order.
  1. Some rates may be charged by some banking entities, including exchange rates and MOG assumes no responsibility for this situation.
  2. Upon receipt of payment and within a maximum of 24 working hours, an email will be sent confirming the validation of the order. The email will be sent to the email address provided by the Client when registering on the website.

5. Purchase And Payment of Software 

  1. You may purchase a license to download certain MOG software products through our online shop. This same software is subject to the terms of your EULA (End-User License Agreement) that is provided together with the software,
  2. MOG may at any time cancel access to the supplied software license if detects any anomaly in its use. Please note that software licenses are non-refundable.

6. Shipping and Delivery

  1. Upon finishing the order, all orders validated and with confirmed payment will be shipped within 48 working hours.

1.2. It shall not apply where:

  • There is no availability of stock, and the customer still decided to execute the order that will be processed as soon as available.
  • In products that will be assembled and passed through the quality process before being shipped, the shipment is made one week after the confirmation and validation of the order.
  1. MOG only do the shipment on working days, this way the weekends and holidays are not considered to estimate the delivery of orders.
  2. If there is any question regarding the order, MOG will contact the customer in order to request clarification. The order will remain pending until we receive the customer’s response within a maximum period of 5 working days. After this time without having any feedback from the costumer, the order will be canceled and we will refund the value to the customer, if applicable.
  3. MOG offers several types of shipping for your order. At the time of registration of your order, the types of shipment that the customer can select according to the place of delivery are presented.
  4. Shipping rates differ according to the value of the purchase, destination and the type of shipment selected by the customer.
  5. Shipping costs are automatically calculated by our system and depend on the following factors:
  • actual or volumetric weight of the order (whichever is higher);
  • carrier tariffs, which are subject to periodic updates.

The shipping costs are automatically updated as the customer adds items to the shopping cart.

  1. Additional transport, delivery and postal charges and any other costs may be payable where such charges can not reasonably be calculated at the time of conclusion of the contract.
  2. Once the shipment procedure has been confirmed and validated, an email will be sent to the customer with the confirmation of the shipment of the order, with the billing information (invoice attached) and the transport data.
  3. In the online shop, for each product, the expected deadlines, in working days, are presented for dispatch of the same (availability periods). These deadlines are merely indicative.
  4. MOG will always strive to meet the estimated delivery deadlines but, in the event of failure to meet deadlines, MOG will inform the customer, giving him the option to cancel the order. By not exercising this right, we assume that the customer retains interest in the order in progress. The customer should go to the online customer area, where he can check the status of the order or send an electronic message.
  5. MOG is not responsible for delays in delivery of orders for reasons beyond the control of the company.

7. Warranty

  1. To activate the warranty or to request a return of a product, please send an email to customercare@mog-technologies.com
  2. Do not send any product to MOG without first having received our contact with the acceptance of the order and authorization of shipment.
  3. The warranty of defective product or faults inherent to the manufacture and assembly of the same is valid for a period of 2 years from the date of purchase invoice.
  4. The warranty does not include defects due to normal wear and tear.
  5. Any malfunction will always be reviewed by MOG before the warranty is activated.
  6. A warranty activation request is only valid if the following conditions are met:
  • The product was purchased through MOG’s online virtual store.
  • The product must be returned with a written description of the defect and a photocopy of the original invoice and receipt.
  •  The product must be returned in its original packaging.
  1. During the warranty period, MOG may:
  • Repair, or replace defective material, with no right to charge for parts or service and ensuring the correct operation and final quality of the product.
  • Make the exchange for an equal product.
  • Contract resolution with refund of the value of the product if none of the above options is feasible.
  1. The right to warranty will not be activated if the following situations are verified:
  • The product serial number has been removed, changed or made illegible.
  • The product has not been used or handled in accordance with the instructions in the instruction manual provided; has been misused and neglected; to suffer damages caused by accident or transport to which the MOG is extraneous; the defect is caused by any attempt to repair or tamper with it without MOG’s knowledge and authorization.
  • The product has been modified by anyone not belonging to MOG or by a dealer or service provider not authorized by MOG.
  • The product is installed in an environment infected by viruses, worms or any other product that degrades performance and stability of the system / hardware or does not follow MOG’s recommendations or if the product has resulted from an accident, misuse or misapplication.
  • The products are sold based on the specifications applicable at the time of sale. MOG shall have no obligation to modify or update products after it has been sold.
     

8. TERMINATION OF THE CONTRACT

  1. The customer who is the final consumer and only him, defined in terms of item c) of art. 3 of Law Decree nº 24/2014, namely, the person who works for purposes that are not included in the scope of his commercial, industrial, craft or professional activity, has a period of 14 days, from the date on which the consumer acquires the physical possession of the product, or in case of supplying several products included in the same order, on the date of physical possession of the last product, to resolve, without having to state the reason, the purchase and sale agreement entered into on the MOG website.
  2. The exercise of the right of withdrawal, within the aforementioned period, must be exercised through an unequivocal declaration of termination of the contract, accompanied by the sales invoice and the receipt confirming receipt of the product, to be carried out:

a) with sending email to the following address customercare@mog-technologies.com
b) sending a registered letter to the address indicated in these general conditions.
c) for the return of the propertyd) by telephone contact, confirmed by email
Or by another means of proof.

  1. Within 14 days of being informed of the exercise of free resolution, MOG undertakes to refund the consumer for all payments received in the sales invoice. The repayment of the payments must be made through the same means of payment that has been used by the consumer in the initial transaction, unless expressly agreed after the settlement, and the consumer does not incur any costs as a consequence of the refund.
  2. In return, the shipping costs will be paid by the customer, except for those in which MOG will assume responsibility;
  3. The articles to be returned must be sent by the consumer to the address indicated in the first paragraph of the preamble, within a maximum period of 14 days from the date of receipt of the order by the Customer. The return date to be considered corresponds to the date on the stamp of the day on which the order is delivered for return.
  4. Until the consumer shows proof of the return of the goods, retention of the reimbursement by MOG is permitted. The exercise of the right of withdrawal depends on verification of the following conditions:

a) return of the articles in perfect condition, without evident marks of use, in the original packaging in which they were sent, in good condition;
b) that referred to in the preceding paragraph does not affect the consumer’s right to inspect, with due care, the nature, characteristics and operation of the property.
(c) the consumer may be held liable for the depreciation of the property if the manipulation carried out to inspect the nature, characteristics of the property and the operation of that property exceeds the handling normally permitted in a commercial establishment;
(d) Custom and perishable products may not be returned unless the product is defective or if it is a manifest error of the MOG, such as can not be returned sealed software, to which the consumer has withdrawn the seal of inviolability after delivery;
e) No digital content may be returned that is not provided on material medium if:

1 – its execution begins with the express prior consent of the consumer before the expiry of the 14 day free settlement period and the consumer acknowledges that his consent implies the loss of the right of free resolution
f) The serial number of the product may not have been removed, altered or made illegible.
g) Only products of equal value are exchanged. If the Customer chooses to exchange for another product and this new product has a superior or inferior cost, the total value of the order will be returned to him and a new request will be made;

9. Returns

  1. Returns must be sent to the following address: Rua Engenheiro Frederico Ulrich, nº 2650, 4470-605 Maia, Portugal.
  2. To request a return of a product you must send an email to customercare@mog-technologies.com requesting authorization for return, explaining the reason.
  3. Any request for a return must be made directly to MOG, up to a maximum period of 48 working hours after receipt of the order.
  4. MOG undertakes to examine the request for a return and to reply within a maximum period of 72 working hours after receipt of the request.
  5. Do not send any product to MOG without first having received our contact with the acceptance of the order and authorization of shipment.
  6. In the case of authorized, the customer must send to the address identified above, the respective merchandise, accompanied by the authorization of shipment, invoice of sale and receipt that proves the receipt of the order. The order must be returned in its original state, after which the credit note, debit note, or exchange will be issued if justified, within 72 working hours and always depending on stock availability.
  7. The client is responsible for any administrative costs, as well as the shipping costs inherent to any return, except in case the customer has received defective articles, in which MOG will make available the means of return, at no cost to the customer.
  8. Important:

a) For products that have been customized to the customer’s request, their return will not be accepted.
b) Products with obvious marks of use or with damaged packaging will not be accepted for return, nor will the value of the products be returned.
9. When the customer returns any item and in the absence of any of its components or any of them is not in excellent condition, there will be no refund of the price, and the product will be resent to the customer.
10. In the case of return of a product purchased from the online shop, under the terms and conditions set forth in the previous paragraphs of this article, MOG will reimburse the customer, if there is no possibility of exchanging the articles, of the price corresponding to the articles purchased in the term maximum of 30 days after the return, by bank transfer to IBAN to be indicated by the customer or through the original payment method.
11. MOG reserves the right not to accept articles that do not comply with the ABOVE conditions mentioned

10. Customer Support:

  1. In order to better serve our customers, we provide a customer support service, with easy contact mechanisms for information clarification and after-sales service.

Contacts

If you need some kind of commercial, technical support or clarify some kind of additional information contact directly to,
Email: customercare@mog-technologies.com
Phone: +351 220187493

11. Privacy And Data Protection

MOG is concerned about the privacy and protection of the information the costumer shares with us, so we make every effort to ensure the best security for the information we collect.
We present below our privacy policy asking you to read it carefully.

Collection of Information

All data collected is provided voluntarily via an online shop, forms, questionnaires or other forms of contact such as emails, telephone, etc. MOG collects personal data such as names, addresses, emails, telephone numbers, tax identification numbers, payment details, IP address, etc. Through the use of cookies, we may also collect information about visitors and customers, such as browsing data, experience and steps in the buying process. MOG is the entity responsible for the collection and processing of data.

Use of information

The data collected in our online shop is intended for the management and communication of and with customers, order processing and billing, analysis and statistical reports, the constant improvement of our online shop and for marketing purposes and Communication. If the customer does not wish to be contacted for marketing purposes, you can cancel our communication via email onlineshop@mog-technologies.com We guarantee the privacy and protection of our users’ data, and also undertake not to disclose your data, by any means, to third parties. Please note that the personal data collected will be transmitted only to third parties when necessary for the processing and sending of the order, such as freight carriers. In this case, the transmission of data is carried out with the exclusive purpose for the realization and complete execution of the services or products purchased by the user, holder of the personal data collected. The data collected will be stored for an indefinite period of time or until the customer requests the data to be forgotten.

Updating Information

In accordance with current legislation, all MOG customers have the right to access, rectify, cancel and oppose their data. The customer will be able to access their data in their customer area in our online store or by requesting it through email to onlineshop@mog-technologies.com . The customer can also update their data in their customer area in our online store or update or request its deletion by email to onlineshop@mog-technologies.com.

Information protection and security

In accordance with current legislation, all MOG customers have the right to access, rectify, cancel and oppose their data. The customer will be able to access your data in your customer area in our online shop or by requesting it through email onlineshop@mog-technologies.com  You can also update your data in your customer area in our online shop or update or request to forget it by email onlineshop@mog-technologies.com

Protection and Information Security

MOG undertakes to take the necessary security measures to ensure the security and protection of customers’ personal data against its possible misuse or against unauthorized access. All personal information regarding members, clients or visitors using the website will be treated in accordance with the Data Protection Act (Law nº 67/98 of October 26).
We advise you to keep your access data to our online shop confidential and secure, do not save the words passed in your browser. Since the Internet is not a secure means of communication, we do not guarantee that any information can not be made available online or that there can be no loss of confidentiality of the data.

Liability

MOG shall not be liable in any case of violation of the legislation of the country where the order is delivered. It is up to the client to verify with the local authorities the conditions of importation or use of the products that he wishes to order.

Privacy Policy Agreement

It is understood that the visitor / customer accepts the conditions of this privacy policy when entering their data. Completion of the forms assumes the user’s consent to the automated processing and use of the data in accordance with the privacy conditions described in this document.

Changes to the Privacy Policy

MOG reserves the right at any time to update or revise this Privacy Policy in order to adjust it to any legislative changes and / or other constraints. Any changes made will be made available here, so the visitor / client should frequently visit this area in order to keep informed about the Privacy Policy in force.

Cookies

Cookies are small data files that a site sends with a request for permission to the client’s computer or mobile device while it queries the site. These data files will allow you to collect important information during your visit to our online shop, so that they can facilitate your navigation, make your use more personalized, effective and useful for you. We use cookies to collect information about our visitors and customers, about your experience in our online shop and follow the steps during a purchase process. We use this navigation information to create reports that allow us to analyze and improve performance, experience, and make it easier to visit / use our online shop. This data allows us to know if there are more visitors preferring certain products or services, thus helping us to keep our site personalized and focused on the interests of visitors and customers. If visitors and customers do not accept the use of cookies, they may cancel your use through your browser settings or options, however note that doing so may prevent some services from working properly. Please read the Help tab of your browser to learn more about how to enable “private browsing” or to disable certain Cookies.

  • Internet Explorer: Tools -> Internet Options -> Privacy -> Settings. For more information, please check out Microsoft Support or the Help tab on your browser.
  • Firefox: Tools -> Options -> Privacy -> History -> Custom Settings. For more information, please check out Mozilla Support or the Help tab on your browser.
  • Chrome: Settings -> Show advanced settings -> Privacy -> Content settings. For more information, please check out Chrome Help Center or the Help tab on your browser.
  • Safari: Preferences -> Security. For more information, please check out Apple Support or the Help tab on your browser

12. Intellectual Property

Any and all content in our online shop, including technology and software, is protected by applicable copyright, trademark, patent and licensing laws and is the exclusive property of MOG.

13. Applicable Law and Competence

  1. The law applicable to any contractual relationship established through the MOG TECHNOLOGIES, SA website is Portuguese law. 2. In order to resolve any and all disputes arising out of any agreement entered into in accordance with these general conditions of sale, the Portuguese law shall be applicable, and its courts shall be exclusively competent to settle disputes.
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