General Terms and Conditions of Sale

- last update date: 01/08/2020 -

1. Online store ownership GAMEPLAY ("www.gameplay.pt")

Positive Connections, Lda. (from now on, “GAMEPLAY” or simply “Seller”) based in Estrada de Benfica, 726 C/D, 1500-112 Lisboa, Portugal, with the share capital of 10.000,00€, NIPC nº PT 515 452 980, registered at the Commercial Registry of Lisbon, is the legitimate owner of the online store GAMEPLAY making use of the following domain: www.gameplay.pt.

2. Contacts and customer support

For additional information, you can contact GAMEPLAY through email: jogos@gameplay.pt. If you prefer, you can do it by phone, from Monday to Friday, from 11.00AM to 1:30PM and from 2:30PM to 8:00PM, through the number +351 917 727 541, or by mail to the address Estrada de Benfica, 726 C/D, 1500-112 Lisboa, Portugal.

3. Purpose and scope

3.1. The General Terms and Conditions of Sale exclusively regulate the purchase and sale made in the GAMEPLAY online store, between the “Final Consumer” as a buyer and GAMEPLAY as a seller, and apply to all visitors to the website www.gameplay.pt, as well as any commercial transactions carried out through this online store.

3.2. Navigation on the website, as well as the purchase of any product at www.gameplay.pt, implies acceptance of the present general conditions of use and contracting.

3.3. GAMEPLAY is the entity responsible for selling on the website www.gameplay.pt, and all e-commerce services are only available to "Final Consumers".

3.4. “Final Consumer” or “User” or “Buyer” is considered to be any person who acts/buys for a purely personal purpose, outside of his business or profession, therefore, without any will reselling the items you purchase from the GAMEPLAY online store.

3.5. If you wish to purchase the products for resale purposes, you should contact the GAMEPLAY team through the following email address: jogos@gameplay.pt

3.6. GAMEPLAY reserves the right to change these conditions of use and contracting, without prior notice, as well as to modify at any time the information and commercial offer presented on products, prices, promotions, commercial conditions and services, and any change will be always published on the website: www.gameplay.pt.

3.7. GAMEPLAY reserves the right not to process any order received from users other than “Final Consumers” or those that do not comply with the general conditions of sale of the “Seller”.

3.8. The "Final Consumer" must provide the GAMEPLAY online store, as a "Seller", with an email or postal address, or with data relating to another form of contact, which is correct and complete and accepts that GAMEPLAY can contact you using this data, if deemed appropriate.

4. Information about contents of the GAMEPLAY online store

4.1. The website www.gameplay.pt is intended for private use only, so the reproduction, transfer, distribution or storage of the contents of the GAMEPLAY online store, without prior written authorization, is prohibited for any purpose other than strictly personal use.

4.2. It is strictly forbidden to introduce links to our website for commercial purposes or without prior authorization from GAMEPLAY, as well as the use of the domain www.gameplay.pt for abusive purposes, without prior authorization, will be subject to recourse to the competent legal means by GAMEPLAY.

4.3. In case you find, on other sites, links that allow you to access www.gameplay.pt or references to the GAMEPLAY online store, we inform you that GAMEPLAY has no responsibility for the links or pages, nor for the content contained therein.

4.4. We are strongly committed to ensuring that the information presented in www.gameplay.pt is free of typographical errors and whenever they occur, we will proceed with the respective correction as soon as possible.

4.5. All contractual information is written in Portuguese, English and in Castilian, as well as information on articles, communications by email and the formalization of the sale. The detailed product description and the videos shown may not always be available in the three languages ​​mentioned above.

5. Comercial politics

5.1. In case that the information presented does not correspond to the characteristics of the product, the “Final Consumer” shall have the right to terminate the purchase and sale contract provided that the product is in the same condition in which it was sold (sealed and without damage), in the case of new and complete articles in the case of products in the outlet).

5.2. The photographs presented on the website are purely illustrative, and may not coincide entirely with the product, so we recommend that you consult at length the details of the product sheet for better information about the respective characteristics of the items you intend to purchase.

5.3. Prices and product specifications are subject to change without notice. Despite the extreme attention of GAMEPLAY to keep all the information updated, some products may contain an incorrect price, so we will check the prices whenever we proceed with the processing of orders. If the price of the product is lower than the advertised price, we will refund the difference. If the price is higher, we will inform the “Final Consumer” by email and await your decision to accept the new proposal or cancel the order.

5.4. The product catalog of the GAMEPLAY online store is independent of physical stores, both in terms of price and in terms of products presented, as well as quantities in stock. All promotional campaigns have limited stock and can be exclusive to the GAMEPLAY online store.

5.5. The validation of the purchase order or order assumes that the “Buyer” is aware of and accepts the General Terms and Conditions of Sale of the website www.gameplay.pt.

5.6. All data recorded by GAMEPLAY constitute proof of the set of transactions carried out between the "Seller" and the "Final Consumer", and it is the responsibility of GAMEPLAY to file the electronic document in which the contract is formalized, obliging itself to keep it accessible.

6. Obligations of Customers and Users

6.1. Any visitor to the website www.gameplay.pt undertakes to comply with and respect these general conditions, namely observing the following obligations:

· It is forbidden to introduce, store or disseminate defamatory, obscene, insulting, xenophobic and/or any other content that violates the general principles of law and public order through the GAMEPLAY online store;

· Save, and do not disclose, your password to enter the site in order to prevent third parties from accessing your account and personal data;

· Do not use false identities;

· Grant your personal data and correct addresses so that GAMEPLAY can process orders properly.

6.2. The “Final Consumer” is the only one responsible for the veracity of the personal data communicated to GAMEPLAY and undertakes to insert and immediately inform any change through his/her Registration Account at www.gameplay.pt

6.3. GAMEPLAY disclaims any responsibility for any delay or impossibility of processing the order due to error or insufficiency of the data communicated by the “Final Consumer”, namely at the time of delivery.

7. Online order fulfillment

To place an order on www.gameplay.pt it is necessary that you have a valid and frequently used email account.

7.1. Placing an order on www.gameplay.pt proceeds as follows:

· Browse the pages of the online store and find the products you want to purchase;

· Adds the preferred products to the shopping cart via the button with the shopping cart icon;

· The moment you understand that you have already chosen all the items you intend to purchase, complete the purchase by clicking on "Proceed to Checkout" in the shopping cart;

· Confirms and/or changes shipping and/or billing addresses

· De seguida, seleciona o método de envio;

· Then, select the payment method;

· Proceed to payment clicking on "Order with an Obligation to Pay".

7.2. As soon as you finish your purchase, you will receive an automatic email, with the purchase order, confirming the transaction. We suggest that you print or download this order form for future reference.

7.3. In the event of non-confirmation of payment or failure to comply with these General Terms and Conditions of Sale, GAMEPLAY reserves the right not to accept your order, or to cancel it in whole or in part, even after automatic confirmation of it.

7.4. Any orders containing items that are pre-ordered will not be shipped until all items in the order are available for shipment. It is important to take this into account before placing an order that simultaneously contains items available in stock and items in pre-order. Place separate orders to receive items that are available in stock faster and then receive the items in advance.

8. Product availability and order confirmation/cancellation

8.1. GAMEPLAY only processes an order placed by a customer after confirmation of the respective payment, so GAMEPLAY cannot guarantee the availability of the items until the beginning of said processing.

8.2. GAMEPLAY only dispatches orders on business days. Thus, to estimate the delivery time of orders, weekends and public holidays are not counted. Any delay in the shipment of items, in view of the estimated dates shown, does not confer the right to compensation.

8.3. The satisfaction of all orders placed on the site is subject to product availability. GAMEPLAY tries to ensure that all items offered for sale on the website are in stock or available to order at the customer's request. However, GAMEPLAY reserves the right not to accept any orders or to cancel orders already confirmed for products that no longer have stock. In case of unavailability of the product and/or out of stock, GAMEPLAY will immediately inform the “Final Consumer” of the partial or total cancellation of your order, the buyer being entitled to refund of the respective amount paid.

9. Order confirmation or cancellation

9.1. GAMEPLAY may not validate the order that does not have sufficient guarantee of good collection, when the order is incomplete or incorrect, or when the products ordered are no longer available. In any of the referred cases, GAMEPLAY will inform the “Final Consumer” via email that the sales contract has not been concluded and that GAMEPLAY has not proceeded with the sale, specifying the reasons for this.

9.2. If the products ordered at www.gameplay.pt are no longer available at the time of your last access to the website, despite having obtained an order confirmation, or when GAMEPLAY receives your order, the "Seller" will immediately inform the “User” about their unavailability, never exceeding the 30-day period after receiving the request.

9.3. If an order has been placed, and the respective payment, for products that have become unavailable in the meantime, GAMEPLAY will refund the money paid for the unavailable items.

9.4. GAMEPLAY reserves the right to refuse any order, regardless of the reason and is exempt from liability for any damages or costs, as well as reserves the right to cancel any purchase even if it has already been accepted or confirmed by GAMEPLAY, namely in the following situations:

· The information on the invoice is not correct or verifiable;

· The order is signaled by the Security Systems of the website as an incorrect, irregular order, or an order susceptible to fraud;

· When it is not possible to deliver the order to the address provided by “User”;

· If it considers that "Buyer" did not have the capacity to perform that act.

· If it appears that there was an error in the presentation of the price of the product(s);

· If the order is assumed to come from a reseller.

10. Payment Conditions and Security Guarantees

10.1. The available payment methods will be presented at www.gameplay.pt. We do not accept any payment method other than those mentioned.

10.2. You can pay for your products using Multibanco, MB Way or a Paypal account. In case the “Final Consumer” chooses to pay with his personal Paypal account, he will assume all expenses related to fees charged for that same service.

10.3. The purchase price of the products and the shipping costs, as indicated on the order form, will be charged to the current account when the products purchased are actually shipped.

10.4. We urge you not to attempt to pay by any other means not specified on www.gameplay.pt. If you try, GAMEPLAY cannot be held responsible for the loss of payment, or any other damages that may result.

11. Security of the GAMEPLAY store and all transactions

11.1. All payment information you provide will be encrypted, from the initial moment of your transaction, until the moment the order is processed, and will not be saved on any public server.

11.2. It is up to us to inform the “Final Consumer” of any payment transmitted over the Internet, or via email, taking some risks, namely when the “User” does not take the necessary precautions and does not assume appropriate conduct of responsibility.

11.3. GAMEPLAY cannot be held responsible for any damage suffered as a result of the use of electronic means of communication, namely damage resulting from failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for communications. or virus transmissions.

12. Ownership of products sold

GAMEPLAY owns the company's products until it has received full payment for all of those products.

13. Prices

13.1. The prices of the products displayed on the website www.gameplay.pt are indicated in euros and include Value Added Tax (VAT).

13.2. The total price specified in the final checkout menu includes taxes and shipping costs. Prices are quoted at the time of order confirmation, which you can print or download for future use. Please transfer only the exact amount specified in the order confirmation and make individual transfers per order.

13.3. Shipping fees are calculated per order, the exact price of the shipping fee will depend on how your order will be delivered.

14. Shipping and Delivery

14.1. Products ordered from the GAMEPLAY online store will be shipped and delivered on weekdays, from Monday to Friday.

14.2. We can only guarantee the good delivery of an order if the shipping address of the products is well indicated by the “User ”, where that address is located in one of the countries where GAMEPLAY makes shipments (check the list here).

14.3. A delivery is considered effected or a product is considered delivered with the signature of the delivery receipt at the agreed address.

14.4. If payment of a reshipment is necessary due to incorrect data or repeated absence of the recipient at the indicated address, the expense will be charged to the customer.

15. Cost of Shipping Costs and Delivery Times

15.1. The shipping costs associated with your order will be invoiced per order, that is, if you order more than one item, you will only pay the shipping costs once. However, GAMEPLAY reserves the right, in the event that part of the order is delayed or unavailable, to proceed with shipping only when all items are available in its warehouse.

15.2. Shipping costs are available at the bottom of the site under "Shipping".

15.3. The order is considered accepted if the "Buyer", after receiving the order, does not inform of his intention to return it within 14 days and not returning the order up to the maximum limit of 28 days.

15.4. In case of return, shipping costs are at the expense of the "Buyer".

16. Customs Taxes and Fees

16.1. Orders sent to countries outside the EU, or with customs and tax policies different from most EU countries, may be subject to taxes, customs duties and fees charged in the destination country (Import Fees).

16.2. The recipient of an international transfer may be subject to Import Fees, at the time the transfer arrives in your country. The consignee may incur additional customs clearance charges.

16.3. GAMEPLAY does not control these charges, nor is it able to make an estimate.

16.4. Customs policies vary widely from country to country; the customer should contact the local customs office for more information. When customs clearance procedures are necessary, there may be a delay in relation to the estimated shipping time.

17. Delivery Deadlines for orders

17.1. After your order is registered, the respective payment is confirmed and all the items in your order are available, GAMEPLAY commits itself to proceed with the shipment observing the following deadlines for delivery:

· In mainland Portugal, on average, within a maximum period of 5 working days.

· In the Archipelago of Madeira and the Azores, on average, within a maximum period of 10 working days.

· In Europe, within a maximum period of 20 working days.

17.2. GAMEPLAY will not be responsible for non-compliance, or delays in the fulfillment, of any shipping obligation that has as a result of a force majeure event, that is, an event, act or omission, beyond its reasonable control.

18. Product Returns

18.1. If you decide to return the purchased products, GAMEPLAY has the right not to accept the return of products if the returned items are not in the original condition with their sealed packaging (sealed and undamaged, in the case of new and complete items in the case of products section outlet). Opening articles by removing cellophane (or similar wrapping) will be interpreted as acceptance of the products and you will therefore lose the right to cancel.

18.2. After receiving the order, the "Buyer" has a maximum period of 14 days to express his intention to return one or more items and a maximum period of 28 days to return the item(s), counted from the date of receipt of the order.

18.3. To proceed with the return you must send an email to: jogos@gameplay.pt. Then, GAMEPLAY will contact you to clarify all the steps to return the item, the expenses of which will be at the expense of the "Buyer", unless the responsibility is part of GAMEPLAY. In the latter situation, GAMEPLAY will assume the expenses inherent to the return and consequent reshipment, if applicable.

18.4. After receiving all the products ordered, or only part of them, at our facilities, we will proceed with their treatment within an average period of one week. In case the return is confirmed, the amount will be returned to you using the same payment method. Refunds are only made to the account/card that gave rise to the purchase.

18.5. Exchanges

18.5.1. After receiving the order, the “Buyer” has a period of 14 days to exchange his/her item(s)

18.5.2. To proceed with the exchange you should send an email to: jogos@gameplay.pt. Then, GAMEPLAY will contact you to clarify all the steps to proceed with the exchange.

19. Product Warranty

19.1. If, when opening your product(s), you find defective components or the lack of any component, you must inform us by email: jogos@gameplay.pt. In response to your email we will give you the direct link to the publisher in question so that you can indicate which component(s) you need and your personal data so that you can receive it directly on your address.

19.2. If your order, when transporting to your address suffers a damage that affects the product(s) inside, you must adopt the following procedures:

- inform us, as soon as possible, of what happened to the email: jogos@gameplay.pt;

- the email must contain a description of the damage caused, as well as photographs of the outer shipping box, of the damaged product(s), as well as a representative photo of the item(s) inside the box as they arrive up to you;

- you must keep the outer film of the damaged item(s) until our final communication.

19.3. GAMEPLAY will inform the “Buyer” regarding its decision on how to deal with the situation presented within a maximum period of 5 working days.

20. Conditions applicable to products in the outlet section

20.1. The following articles qualify for the outlet section:

- used (complete);

- without outer film (completely new inside);

- com danos na caixa.

20.2. The discounts inherent to outlet products cannot be combined with other promotions in force.

21. Conditions applicable to Gift Cards

21.1. Gift cards are valid for 2 months. After their expiry, it is not possible to enjoy them.

21.2. Gift Cards are personal and non-transferable and can only be used for online purchases made on the website.

21.3. The sale or exchange of a Gift Card is not permitted. The Gift Card holder customer cannot make a Gift Card code available on any website or other public form of offer, donation, sale or exchange.

21.4. If the “Buyer” incurs some of the infractions mentioned in point 20.3 the Gift Card is deactivated.

22. Conditions applicable to Promotional Codes (discounts)

22.1.When used according to the established rules, a promotion code enables the user to take advantage of a promotion/discount related to the purchase of a specific product or for a set of products, during the period indicated/associated with the promotional code/promotional campaign.

22.2. Promotional codes are personal and non-transferable and can only be used for online purchases made on the website. The sale, exchange or donation of a promotional code is not permitted. The customer with the promotional code cannot upload or make available a promotional code on any website or other public form of offer, donation, sale or exchange. The use of promotional codes for commercial purposes is not permitted.

22.3. The use of a promotional code is subject to only one use per product and per order. Promotional codes cannot be combined with any other promotions or special offers.

22.4. Promotional codes cannot be exchanged for cash and will not be reissued or refunded.

22.5. Without prejudice to any other rights, GAMEPLAY reserves the right to immediately invalidate the promotional code issued if it suspects that a promotional code is being used in violation of the above mentioned assumptions.

23. Validity of promotions or commercial campaigns

23.1. Promotional offers or commercial campaigns published on the website www.gameplay.pt are only valid for the moment they are displayed on the website and in accordance with the established conditions, unless otherwise stated on the website.

23.2. In the case of returning items purchased within the scope of commercial campaigns or promotions, you will be credited or delivered only the amount you actually spent on the purchase of the item you intend to return or exchange.

24. Responsibility

24.1. GAMEPLAY will only be liable for damages suffered by the “Buyer” in the event that such damages result from violations attributable to GAMEPLAY's contractual obligations towards the “Final Consumer”, or in the case of liability result from the applicable legal law.

24.2. If the “Buyer” has suffered damage related to the activity of the website, GAMEPLAY's liability will be limited to: damage to the GAMEPLAY products, reasonable and demonstrable costs incurred by the “Buyer” in due to the violation by GAMEPLAY of these General Conditions and Terms of Sale.

24.3. GAMEPLAY cannot be held responsible for damages suffered by third parties resulting from the use of any of our products. GAMEPLAY cannot be held responsible for the damages suffered by the “Buyer” as a result of improper use of our products.

24.4. GAMEPLAY is not responsible for damages resulting from incorrect information on the website.

24.5. All products sold by GAMEPLAY are in compliance with Portuguese legislation.

25. Intellectual and Industrial Property

25.1. Accordingly and under the terms of the Intellectual Property Code, the use of information from the www.gameplay.pt website is only authorized for private purposes, subject to contrary provisions including more restrictive provisions contained in that code.

25.2. Any reproduction or total or partial representation of the www.gameplay.pt website, in whole or in part, of the elements included in it is strictly prohibited.

25.3. The corporate names, brands and distinctive signs reproduced on the website www.gameplay.pt are protected under the terms of the legal provisions applicable to industrial property. Reproduction or representation of all or part of any distinctive signs is strictly prohibited and must be subject to prior written authorization from GAMEPLAY.

25.4. If the “User” wishes to use information or materials from the site, he/she needs to obtain prior written authorization and granted by GAMEPLAY.

26. Applicable law

26.1. The present General Terms and Conditions of Sale and all emerging disputes related to these general conditions, including their validity, the use of the www.gameplay.pt website or any purchase therein must be governed by Portuguese law.

26.2. In the event of a dispute regarding the interpretation or execution of these General Terms and Conditions of Sale, GAMEPLAY and the “Buyer” undertake to endeavor to obtain a friendly solution, which is fair and appropriate, in the maximum period of 60 days from the receipt of the communication addressed for this purpose by any of the parties involved.

26.3. In the event of a consumer dispute, the consumer may use the European online dispute resolution platform available at https://webgate.ec.europa.eu/odr. To find out the registered Alternative Dispute Resolution entities consult the Consumer Portal at www.consumidor.pt.

27. Alteration of the General Conditions and Terms of Sale of the GAMEPLAY online store

GAMEPLAY has the right to change these General Conditions and Terms of Sale at any time. The “Buyer” is subject to the principles and terms in force at the time of his order, unless the law or competent authority imposes any changes to them.