Legal warnings and Privacy

Terms and Conditions

1. Scope and Object of the General Conditions of the Store
These General Conditions are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Oui Kiki Online Store Service, belonging to Hugo Filipe Covas da Silva Lima , sole trader, headquartered at Rua Alvaro Castelões, 524 - store 5, 4450-039, Matosinhos, holder of the Citizen Card 08490297, with the NIF 272026107, hereinafter referred to as Oui Kiki.


The Service consists of providing, through the address www.ouikiki.pt, access to the online store, which, in addition to providing information on a set of products and / or services, allows the user, by electronic means, to order the products disclosed therein, under the terms and conditions described herein.
The ordering of products must be made by Users aged 18 (eighteen) years or older (individuals under the age of one must have authorization from their representatives). The elements and information transmitted by the user will enjoy full legal effects, recognizing the user's electronic purchases, and the user cannot claim the lack of signature for non-compliance with the obligations assumed.


2. Product and Content Information
Oui Kiki will do everything possible so that the information presented does not contain typographical errors, and will be quickly corrected whenever they occur. If you purchase an item that has characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free resolution).


Oui Kiki will do everything possible to ship all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by Oui Kiki, such as human errors or incidents in computer systems, it is not possible to make any of the products available, requested by the user. If any product is not available after placing the order, you will be notified by email. At that time you will be presented with the possibility to cancel the order with the respective refund, if you have already made the respective payment.


All information about prices, products, specifications, promotional actions and services may be changed at any time by Oui Kiki.


3. Responsibilities
3.1 All products and services sold in the Oui Kiki Online Store are in accordance with Portuguese law.
3.2 The Store has adequate security levels, however Oui Kiki will not be responsible for any losses suffered by the User and / or by third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond their control , namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, by modems, by connection software or any computer viruses or resulting from downloading (“download”) through the infected files service or containing viruses or other properties that may affect the User's equipment. If for any reason of error in accessing the Oui Kiki Online Store website, it is impossible to provide a service, Oui Kiki will not be responsible for any losses.
3.3 The consultations of data and information carried out within the scope of this Service are presumed to have been carried out by the User, and Oui Kiki declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 Oui Kiki will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to you as a fraud or serious fault.
3.5 Oui Kiki is not responsible for the damages or damages resulting from the non-fulfillment or defective performance of the Service when it is not directly or indirectly attributable as a result of intent or serious fault, and is not responsible in particular for (i) errors, omissions or other inaccuracies relating to information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) for non-compliance or defective compliance that results from compliance with judicial decisions or administrative authorities or (iv) for non-compliance or defective compliance that results the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to Oui Kiki and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions , strikes, earthquakes, floods or other natural cataclysms or other situations not controlled by Oui Kiki that prevent or hinder the fulfillment of the assumed obligations.


4. Consumer obligations
4.1. The user undertakes to:
i) Provide personal data and correct addresses;
ii) Do not use false identities;
iii) Respect the order limits imposed.
4.2. If any of the data is incorrect or insufficient, and for that reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the User, and Oui Kiki declines any responsibility. In the event that the consumer breaches any of these obligations, Oui Kiki reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available by Oui Kiki simultaneously to the same User; and, also, not allowing the future access of the User to any or any services provided by Oui Kiki.
4.3. It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purposes of resale of goods.


5. Privacy and Protection of Personal Data
5.1. Oui Kiki guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified on the order form as mandatory supply are indispensable for the provision of the Service by Oui Kiki. The omission or inaccuracy of the data provided by the User is his sole and entire responsibility and may give rise to the refusal to provide the Service by Oui Kiki.
5.3. The User's personal data will be processed and stored by computer and are intended to be used by Oui Kiki within the scope of the contractual and / or commercial relationship with the User and, and for the purpose of improving the Oui Kiki store. For more information, read the section on our Privacy Policy
5.4. Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to oppose their use for the purposes provided for in the previous paragraph, for that purpose contacting the entity responsible for the processing of personal data: Oui Kiki.
5.5. The Internet is an open network, so the User's personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, including the risk of being accessible and used by unauthorized third parties for the effect, and Oui Kiki cannot be held responsible for such access and / or use.


6. Cancellation of orders
6.1 At the request of the User
The User may cancel his order by requesting it from Oui Kiki by e-mail referring the order number, which will be accepted as long as the order has not yet been processed. After its processing, Oui Kiki will try to deliver it, but the User has the option of not accepting it

For the purpose of cancellation the User must provide the following data to Oui Kiki:
a) Order number
b) TIN with which you placed the order and delivery address

6.2 By decision of Oui Kiki
Oui Kiki reserves the right not to process orders when it finds any inconsistency in the personal data presented or observes misconduct on the part of the buyer. Oui Kiki reserves the right not to process any order or refund, in the event of errors in the values and / or characteristics of the products, when these arise from technical problems or errors beyond Oui Kiki.


7. Return (Right of withdrawal)
7.1. The User, in the case of being a consumer, can exercise the right of withdrawal without being required any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the property. To exercise this right, the User may use the draft indicated below, and must indicate all his identification data, the product purchased and the date of purchase. The communication must be made, by letter, through the return of the acquired asset, or by another appropriate and susceptible means of proof within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to Oui Kiki under the proper conditions of use.
Draft for free resolution form (you must complete and return this form only if you want to terminate the contract)

- To [insert the name, geographic address and, where appropriate, fax number and email address of the professional here]:
- By this communication / we communicate (*) that I am resolving / we have resolved (*) of my / our (*) purchase and sale contract relating to the following asset / for the provision of the following service (*) - Requested on (*) / received in (*)
Name of the consumer (s) - Address of the consumer (s) - Signature of the consumer (s) (only if this form is notified on paper). (*) Strike out what does not apply.

The packaging must be returned complete, as it was delivered and accompanied by all the documentation received, namely, the following documents: sales invoice and the document that proves the receipt of the product. The packaging and the indicated documents must be sent free of charge to the following address:

OUIKIKI – Rua Alvaro Castelões, 524 – loja 5, 4450-039, Matosinhos

If the User chooses other forms of return, the respective shipping costs will be his responsibility.

7.2. After receiving the return at Oui Kiki, the User will be refunded the amount corresponding to the amount paid for the order (value of the sales invoice). If you have used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.
7.3. The method of refunding the amount to be returned is bank transfer. When NIB information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The reimbursement is made up to 14 days after the receipt of the desire for free resolution and the receipt of the return of the asset.
7.4. In the absence of any of the components of the item sold or, if any of them are not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the initial shipping address.


8. Intellectual Property

The website www.ouikiki.pt is intended for private use only, so the reproduction, transfer, distribution or storage of the contents of the Ouikiki Online Store, without prior written authorization, is prohibited for any purpose other than strictly personal use. It is strictly forbidden to introduce links to our website for commercial purposes or without prior authorization from Ouikiki, as well as the use of the domain www.ouikiki.pt with abusive purposes, and if verified, it will be susceptible to recourse to the competent legal means by from Ouikiki. In the event of finding links that allow you to access www.ouikiki.pt on other sites or references to the Ouikiki Online Store, we inform you that Ouikiki has no responsibility for the links or pages, nor for the content contained therein.

8.1. The Store is a registered website and the Service provided by the website is the responsibility of Oui Kiki.
8.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
8.3. The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws regarding industrial property and other property protection laws, therefore any use of such content may only occur under the express authorization of the respective owners.
8.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from practicing any acts that may violate the law or those rights, such as reproduction, commercialization, transmission or placement publicly available such content or any other unauthorized acts which have the same content as their object.


9. Suspension of Shop Service
9.1. Regardless of any prior or subsequent communication, Oui Kiki may, at any time, and in its sole discretion, discontinue the provision of the Service and part of the Service to one or all Users.
9.2. Oui Kiki further reserves the right to immediately terminate access to the Service in the following cases:
a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When Oui Kiki ceases access to the Store, by giving 15 days prior notice of the termination date.
9.3. The suspension or termination of the Service by Oui Kiki, under the terms of the preceding paragraphs, regardless of the User or third party's right to any compensation or other compensation, and Oui Kiki cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, cancellation, cancellation of the Service
9.4. In the situations described above, Oui Kiki will inform the User, previously so that he can, if he wishes, safeguard the contents of his order viewing area within 3 (three) working days from the sending of the email or the availability of information on the Service's main page.


10. Communications
10.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that relate to the Service, including any changes to these General Conditions, may be made to the User's email address, by SMS or telephone contact.
10.2. The User accepts to receive any and all communication and / or notification related to the Online Store, to the address, contact telephone number and / or email address (“email”) indicated in the ordering process. At any time, you can request not to receive these communications and / or notifications through the Contact Form or through the option of the option "Do not receive the Newsletter" registered in each Newsletter.


11. Technical Settings
11.1. Without prejudice to the provisions of the following number, Oui Kiki may change the Service and / or the technical conditions for providing it, as well as the respective rules of use, and shall disclose to the User such changes at least 15 (fifteen) days in advance.
11.2. The version at all times in force of these General Conditions and its annexes is available on the website [www.ouikiki.pt]


12. Complaints
12.1. The User can submit any contractual conflicts, to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Oui Kiki of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
12.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, being registered in the information systems of Oui Kiki who must decide the complaint and notify the interested party within a maximum period of 30 (thirty) ) days from the date of receipt.


Applicable law
The Contract is governed by Portuguese law.

Privacy Policy

Oui Kiki has a policy to define how your personal data will be treated and protected. Oui Kiki is responsible for the processing of personal data made available to it and is responsible for said personal data in accordance with the applicable data protection legislation.

The data we collect is stored within the European Economic Area (“EEA”).

Your data is used exclusively by OUI KIKI for the presentation of content on the website relating to the purchase and sale of its products and all actions relating to them, including deliveries, returns, and communications with OUI KIKI. Your data will be used for communication actions by email and / or other means only with your express consent in accordance with the General Data Protection Regulation.

We never transfer, sell or exchange your data with third parties outside of Oui Kiki for marketing purposes.

Right of access:
Anyone has the right to confirm whether at Oui Kiki we are processing personal data, which we keep about them, or not. You can contact us through our Customer Service, which will provide your personal data processed by us, by email.

Right to portability:
Whenever Oui Kiki processes your personal data by automated means based on your consent or on the basis of a contract, you are entitled to have a copy of your data transferred to you or to third parties in a structured format, in common use and machine readable. This includes only the personal data you have sent us.

Right to rectification:
You have the right to request rectification of your personal data, if they are incorrect, as well as the right to complete data that is incomplete.

Right to suppression:
You have the right to request that any personal data processed by Oui Kiki be deleted at any time, except in the following situations:

  • if you have an open question with Customer Service;
  • if you have an open order that has not yet been shipped or has been partially shipped
  • se tiver uma dívida pendente com a Oui Kiki, independentemente do método de pagamento;
  • if you have an outstanding debt with Oui Kiki, regardless of the payment method;

The right to object to the processing of personal data based on the legitimate interests of the person responsible: legítimos do responsável:
You have the right to object to the processing of personal data that is based on the legitimate interest of Oui Kiki. Oui Kiki will not continue to process personal data, unless we can demonstrate a legitimate basis for processing that overrides its interests and rights, or in the event of legal proceedings.


The right to oppose direct marketing:
You have the right to oppose direct marketing, including profile settings made for direct marketing purposes.
You can reject the direct marketing subscription at any time, as follows:

  • following the instructions in each marketing email


Right to limitation:
You have the right to request that Oui Kiki limit the processing of personal data in the following circumstances:

  • if you intend to oppose treatment based on Oui Kiki's legitimate interest, Oui Kiki will restrict all processing of that data until the legitimate interest is verified.
  • if you declare that your personal data is incorrect, Oui Kiki will have to restrict all processing of that data until its correctness is verified.
  • if you declare that your personal data is incorrect, Oui Kiki will have to restrict all processing of that data until its correctness is verified.
  • if Oui Kiki no longer needs personal data, but has to keep it for defense in legal proceedings.


Right to complain to the national supervisory authority:
If you believe that Oui Kiki is processing your personal data incorrectly, contact us by email. You also have the right to complain to the competent data protection authority.


Updates to our Privacy Policy:
We may need to update our Privacy Policy. The latest version of the Privacy Policy is always available on our website. We will communicate any significant changes to the Privacy Policy, such as the purpose for which we use your personal data, the identity of the controller or your rights.

Cookies

Oui Kiki is responsible for the cookies transferred to your device when you access any of our official websites and for accessing and collecting data from the same device.

We use cookies and other similar technologies to make our website work effectively and safely and to improve the personalized experience of users.

When we refer to cookies, we include:

  • own and third party cookies,
  • plug-ins and tracking pixels, including third-party technologies,
  • other screening technologies.

All cookies have an owner who provides information about who owns the cookie. The owner is the domain specified in the cookie. Whenever you visit our website, we place cookies on your device for different reasons. Such cookies are called "own" cookies, whereas cookies set by a different owner, such as social media platforms and ad technology / ad network providers, are called "third party" cookies.

Below you will find more detailed information about our cookies and the reasons for using them. You can easily prevent your browser from accepting cookies by configuring your browser's cookie settings.

All commercial web browsers include cookie management functionality.

All commercial web browsers include cookie management functionality.

If you choose to disable cookies, functionality may be limited and your user experience may be impaired. Our cookies are grouped into four categories:

Strictly necessary cookies

Some cookies are strictly necessary so that users can benefit from the full functionality of our website and in order to keep our promises. For example, these cookies allow you to use the website and log in to your account as desired. Without these cookies, some parts of our website and services will not function properly. We also use cookies to direct users to the correct website based on their geographic origin and language and to detect and prevent security threats and malicious behavior.

Performance cookies

Performance cookies provide us with information about how users use the site and help us improve it. For example, these cookies count the number of visitors to our website and see how visitors move when they use the website. This helps us to improve the way our website works, for example, by ensuring that users find what they are looking for easily.

The use of cookies for purposes other than those necessary to operate the website safely and effectively, to provide you with full functionality and to provide you with certain requested services requires your prior consent. Information obtained from cookies is shared within Oui Kiki to the extent necessary to fulfill its purpose. Information obtained from third party cookies is also available to the third party provider that places the cookie on our website. We do not share cookie information with third parties or exchange or otherwise share such information with anyone outside Oui Kiki.

Cookies can be stored for different periods on your browser or device.

Persistent cookies

Persistent cookies (or permanent cookies) are stored in your browser's subfolders until they are manually deleted or until the browser deletes them based on the duration contained in the cookie file. The duration depends on the expiration date written in the cookies.

Session cookies

Session cookies are immediately deleted when users close their browser. When you restart your browser and return to the website that created the cookie, the website will not recognize users.

Other screening technologies

Information collected using other tracking technologies, such as tags and pixels, is kept for 24 months.