CONDITIONS OF SALE

A WMG Online Retail Business, Lda, owner of the Racks brand, headquartered at Avenida Beato Nuno nº 433, Loja A, 2495-401 Fátima, under the single registration and corporate tax number 514 452 013, responsible for this website (www.racks.pt) describes on this page the terms and conditions of use and pre-contractual information relating to contracts concluded remotely on this site (www.racks.pt), referred to in article 4 of Decree-Law no. 24/2014 of February 14.

Racks reserves the right to freely modify the pre-contractual information in order to adapt it to the applicable legislation, without the need for any prior notice. 1.Domain www.racks.pt
2.Conditions of Use of the Site
3.Data Protection Policy
4.Pricing Policy
5.Payment Methods
6.Shipping and Postage
7.Faults and guarantees
8.Returns policy
9.Cookie Policy
10.Virus
11.Insurance
12.Applicable legislation
13.Online Dispute Resolution

1. Domain www.racks.pt

This website has been created by or for Racks to inform the public, free of charge, about services and products related to Racks. Access, navigation and use of the websitewww.racks.ptImplies the express and unreserved acceptance of all the terms of these Conditions of Use, having the same validity and effectiveness as any contract concluded in writing and signed.
Its application and compliance shall be enforceable against any person who accesses, browses or uses the site. If the consumer does not agree with these terms, do not access, browse or use the site.
Please also note that these Terms and Conditions are exclusive to end consumers and Partners. They do not apply to Racks Resellers.
Please note that there are different terms for purchases in our physical stores (including service fees, availability, delivery time and return policies), please consult them in one of our stores.

2. Conditions of Use of the Site

By using the site, the consumer undertakes to comply with these regulations and applicable legislation, and to refrain from using the site for activities contrary to the law, good customs, morality or the rights and interests of third parties.
This site may link to other sites which may contain useful information or tools for our consumers, but these General Conditions will not apply to these third party sites. As such, consumers should inform themselves about the Terms and Conditions of Use of the site to which they have been redirected.
Racks reserves the right to unilaterally modify, at any time and without prior notice, the presentation and content of this website, its services and the General Conditions of Use, with the exception of contracts that have already been concluded and are currently being executed. The purpose of these changes is to continuously improve this website and the services offered to the consumer, who may terminate the contract if he/she does not agree with the changes made.
The content and information created for presentation on this site is the property of Racks, so the use, reproduction, copying or dissemination by other means of logos, texts, images and videos on the site is subject to its prior authorization.

3. Data Protection Policy

Racks is dedicated to honoring the privacy of its users, which is why we have structured our website so that it is possible to browse without entering personal data. When it is essential to collect personal data from users in order to provide our services or when the user decides to share their data on their own initiative, the use of this information will be carried out in accordance with the legislation in force - General Data Protection Regulation (GDPR). The data provided by users will be subject to computer processing and will be recorded in the Racks database.
When you choose to provide us with information relating to your personal data (any information by which you can be identified), you can be assured that this information will only be used for the purposes of your relationship as a Racks customer.
In planning this website, we have taken what we consider to be the most appropriate measures to ensure the accuracy, integrity and confidentiality of users' personal data, as well as all the other rights you have. Our records include data that has been obtained throughout the contractual relationship you have established with us and following the various interactions you have had with our site.
Users must guarantee the veracity, accuracy, authenticity and validity of the personal data they have provided to Racks.

Type of data collected through our website:Full Name; Tax Identification Number; Gender; Date of Birth; Telephone Contact, Full Address (for sending and/or invoicing, if these are different); Email Address; Company Name.

How we use the information collected:The purpose of the information collected is to respond to requests made by users, such as registering on the site; processing orders (opening customer records and invoicing products/services); voluntarily subscribing to the email marketing service; responding to requests for information, suggestions or complaints; and communicating with customers.

Who we share our users' data with:Racks guarantees the confidentiality of the personal data provided and only transmits it to third parties for the sole and exclusive purpose of carrying out the service requested by the user, namely: sending orders to the address provided (carrier); processing guarantees and/or returning products (suppliers); carrying out contracts for services purchased (operators); and to judicial and tax authorities to comply with legal requirements.

Owner and Data Controller:Within the scope and for the purposes of the services and sales that we serve our users, Racks (Wmg Online Retail Business, Lda) is the entity responsible for processing your personal data and ensuring the protection of your privacy, acting in accordance with the legislation in force - General Data Protection Regulation (GDPR).

Conservation time:Racks will keep the data collected until the data subject requests that it be forgotten.

Right to access, modify and remove your personal data:At any time, the user has the right to access their own data, as well as, within the limits of the contract and the GDPR, to change it, oppose its processing, decide on its authorized processing, withdraw consent and exercise the other rights provided for by law (except when the data is indispensable for the respective billing by Racks and compliance with the legal obligations to which Racks is subject). If you withdraw your consent, this does not compromise the lawfulness of the processing carried out up to that date. You have the right to be notified, under the terms of the Regulation, in the event of a breach of your personal data, and may lodge complaints with the authority or authorities.

Security:Racks is dedicated to ensuring the security of the information you share with us. To prevent unauthorized access or advertising, as well as to maintain data accuracy and ensure the correct use of information, we have implemented physical, electronic and managerial procedures to protect the information we collect online. We use encryption when collecting or transferring sensitive data.

Contact details of the Data Protection Officer:info@racks.pt

4. Price and Product Policy

Racks reserves the right to change prices at any time. Whenever possible, Racks will try to maintain the rates and prices indicated at the time of placing the purchase order in case of stock shortages.
In the event of a computer, manual, technical or other error that causes a noticeable change, not foreseen by Racks, in the retail price or conditions of sale, such that it becomes unaffordable or manifestly derisory, the purchase order will be considered invalid and cancelled.

4.1 Price information

The prices of the products and services available on this site are shown in euros and include VAT at the legal rate in force. There are some exceptional products which, because they are associated with an assembly service, may have different prices in physical stores. These will be marked on the site with the label "Exclusive online price".
The costs of the shipping service are borne by the consumer and buyer, and are added to the total value of the products selected. The consumer will be informed of these charges before confirming their order and completing the purchase process.

4.1.1VAT attributed to reconditioned products

The prices of reconditioned products are taxed under the special VAT taxation regime - Second-hand goods. In accordance with article 8 of Decree-Law no. 199/96, of October 18th:
1) Transfers of second-hand goods, objects of art, collectors' items or antiques, subject to the special margin tax regime, are exempt from tax when made under the terms of article 14 of the Value Added Tax Code;
2) The exemption referred to in the preceding paragraph entitles the holder to deduct any tax that may have been charged on the acquisition of the respective goods and is expressed on the invoice or equivalent document.

4.2 Product description

Racks takes into account information on the essential characteristics of the products through technical descriptions shared by its suppliers and photographs illustrating the products sold. As such, the product images shown on the website are merely illustrative. Racks recommends that the consumer consult the detailed product description in order to obtain complete information about the product's characteristics, or contact Customer Support.
Every effort is made to ensure that the information presented here is free of typographical and image errors. Whenever these occur, Racks will correct them as soon as possible.

4.3 Availability

The Racks Online Store is independent of the physical stores in terms of the quantities available in stock.
The items available both online and in the physical store have limited stock and may therefore become unavailable without warning. If, after placing an order online, the item ordered becomes unavailable or is discontinued and this interferes with the normal processing of the order, the consumer will be duly informed and can choose to wait for the item to be replaced or cancel their order, without any additional penalty.

4.4. Campaigns

All promotional campaigns have limited stock and the items in question may become unavailable without prior notice, without prejudice to informing you when the item is sold out.

4.5. Free shipping

Racks offers free shipping on all orders over €249 (excluding VAT and shipping). Free shipping is only available for mainland Portugal and is not available for the Azores and Madeira.

5. Payment Methods

In Racks' physical stores, you can only pay by cash or ATM. In its online store, however, you have several options for paying for your order:

- ATM reference
Payments by Multibanco reference can be made through Homebanking or through the network of Multibanco ATMs throughout the country. At the end of your order, an ATM reference will be generated and sent to your email address. To make the payment you need to select the "Payments for Services/Purchases" option and enter the entity, reference and corresponding amount that were sent to you by email.

- Paypal
Payment forPaypalIs a secure option used all over the world. By selecting this payment method, the user will be redirected to the Paypal Login page. The customer can pay with their Paypal account. The amount will be debited when the order is confirmed. The process takes place directly on Paypal's secure servers. This service has an additional cost of 2.7% + 0.35€ on the purchase price.

- Mbway
With Mbway you can pay for your order using your cell phone number at no extra cost. You must have the application active on your cell phone to be able to pay by this method. For more information on this payment method,click here.

- Payshop
To pay for your order via Payshop, go to one of the Payshop agents (see here), indicate the reference you obtained with the order and make the payment.

6. Shipping and Postage

6.1 Parcel delivery

The delivery date that can be consulted on each product page is a shipping forecast for mainland Portugal, based on the normal operation of the entities involved in the dispatch and delivery of orders. Orders for delivery to PO boxes are not accepted.
Delivery times may change due to stock shortages, festive seasons or other factors external to Racks, such as delays by delivery services, as they are a company external to Racksp.
In the case of orders for large appliances (e.g. fridges, stoves, washing machines, among other appliances), the delivery service does not include the installation and/or collection of the old equipment and the delivery of the new appliance is made only at ground level, i.e. in the case of delivery to places accessed via stairs/elevator, the appliance is left at the door of the building (building, shopping center, etc.).

6.2 Shipping/processing orders

Orders are only processed on working days when placed by 5pm. Once payment has been confirmed, orders are sent to the address indicated by the consumer, and any inaccuracies in the data entered are the responsibility of the consumer. Pre-orders, unlike normal orders mentioned above, will only be processed when the product is available from the brand, for official distribution and for the end consumer.
Orders will only be shipped when all products are available.

6.3 shipping costs

Shipping costs are borne by the consumer and are added to the total value of the products selected. Shipping costs are calculated based on the weight/volumetric weight of the order, the payment method, the carrier and the destination. Additional charges may apply to large products. The consumer will be informed of these charges before confirming their order and completing the purchase process, as well as the difference in value depending on the delivery method chosen.
Available delivery methods and delivery times may change depending on the time of year.
The in-store delivery method, known as "Store Pickup", is available at any Racks physical store and is free of charge to the consumer.

For your convenience, when you receive your Racks order and when you sign for it, write on the proof of delivery "Subject to verification of goods" and identify, in writing and with a photograph, any damage that the packaging may contain. If the package is damaged, refuse delivery and identify this to the courier. This is the only way we can be held responsible for any damage incurred during the delivery of your order.

7. Faults and guarantees

All products sold by Racks are not manufactured by Racks. At the time of sale, Racks passes on the guarantee of the product(s) to the user.

1. Equipment under warranty

Nos under the terms of Decree-Law no. 84/2021, of October 18, all products sold in new condition will be subject to a 3-year guarantee of conformity, assured by the respective brands. In the event of a defective product, you must report it to Racks, which will manage the process. Consumable products whose regular use results in their destruction or disposal due to their specific nature may, depending on the manufacturer, have a warranty period of less than 3 years. For professional use, this period may vary.

Please note that this condition only applies to items purchased on or after January 1, 2022. Nos articles purchased prior to the aforementioned date, the previous terms set out in Decree-Law no. 67/2003, of April 8, apply and will be subject to a conformity guarantee of 2 years for new articles and 12 months for used and reconditioned articles.

1.1 Repair Service Guarantee

The warranty for the Racks repair service is 90 days from the date of completion of the service. This limited warranty does not affect the legal rights established by national legislation on the new components used in the repair. The repair warranty does not cover the following conditions:
- Physical damage (broken/damaged/corroded/jammed equipment, etc.);
- Misuse, damage caused by falls, negligence, fire, water, electrical or atmospheric disturbances, etc;
- Damage caused by transportation carried out by the Customer or third parties on its behalf;
- Use of options or consumables not suitable for the equipment in question;
- During this period the equipment has undergone technical intervention, with labor and parts outside the services of Racks;
- The previous repair was carried out at the customer's request and responsibility.

1.2 Malfunctions

If the product purchased is faulty or defective, the customer must report the situation toCustomer supportRacks, informing us of your order number and the description of the malfunction. Once the item has been received at Racks' premises, it will be sent to the brand's representative and, if there is no nonconformity, the item will be replaced or repaired. In this case, Racks will deliver the item to the customer by the same means it was delivered for repair. If the technical check detects signs of misuse, and/or any problem that may have caused the item to malfunction (e.g. a fall, damp, etc.) the customer will be contacted to indicate whether they wish the equipment to be repaired. In this case, Racks will provide a free quote.

2. Warranty directly with the manufacturer

Some brands offer direct consumer warranty/support. In these cases, you can contact the brand directly to arrange the equipment's warranty.

8. Returns policy

When consumers buy a product on the site, they are automatically covered by the Satisfaction Guarantee. Nos the first 14 days after taking physical possession of the goods, you can return or exchange the product, in accordance with Decree-Law no. 24/2014, of February 14.
The items must be returned within 14 days of the communication of the decision to terminate the contract and accompanied by the original invoice (article 13, no. 1 of DL 24/2014 of February 14) and the document made available to the consumer when confirming the return.
If you wish to exchange or return items, you can go to any Racks physical store or contact Customer Service, who will provide you with all the information on the exchange/return process.
If the product is sent to our facilities without the corresponding identification and reason for sending it, it will not be processed.

1. Charges

Nos in cases of free termination of contract, the return postage is borne by the consumer, as stipulated in Article 13(2) of Decree-Law no. 24/2014, of February 14.

2. Conditions

Although returns/exchanges are accepted within the first 14 days for distance purchases (as described above), returned goods will only be accepted if they strictly comply with the following conditions:
- The returned item must be intact and without any marks or damage from use;
- The item must be returned together with its packaging, manuals and accessories, in immaculate condition;
- Along with the returned item, the invoice for that item must be included;
- If it is an item that has been deliberately ordered by the consumer, it must not have broken brand seals;
- The Serial Number of the device must not have been associated with any online account of the product brand, nor must it have been activated.

If one of these points is breached, we will not be able to accept the return (and consequent refund) or exchange. Unless there is a technical anomaly, there are items which by their nature (for reasons of hygiene, safety, risk of data transmission, manufacturer's recommendations, etc.) cannot be accepted for returns/exchanges if their seals are broken. The same applies to products that are personalized solely for the consumer who purchased them.

3. Exchanges or returns

To start the return/exchange process, the consumer must:

- Go to the "Contacts" page on the link: To do this, the customer must send their complaint to our website, in the contact sticker, selecting the "Returns" option in the subject of the message and filling in the form provided completely.

- Select "Returns" in the "Subject" area;

- Enter your email address and the order reference;

- Describe the reason and send;

After sending in this form, the consumer must wait for Racks to analyze their request. If the request is accepted, the consumer must send the product to the address indicated in the instructions received. Upon verification that the conditions of the previous paragraph have been met, Racks will proceed with the request and exchange or refund the product as requested. If the product does not meet the conditions, it will be returned to the consumer in the same condition as it was received.
Refunds will be made by bank transfer to the IBAN indicated on the return form or by PayPal/Mbway, if one of these was the payment method. This procedure does not apply to resellers.

9. Cookie Policy

9.1 What are cookies?

These are small software tags that are stored on the devices accessed via the browser, retaining only information related to preferences, and therefore do not include personal data.

9.2 What are cookies for?

Cookies are used to help determine the usefulness, interest and number of uses of websites, enabling faster and more efficient browsing by eliminating the need to repeatedly enter the same information.

9.3 What kind of cookies are there?

There are two groups of cookies that can be used:
- Permanent cookies- These are cookies that are stored in the browser on access devices (PC, mobile and tablet) and are used whenever you visit the Racks website again. They are generally used to direct browsing to the consumer's interests, allowing us to provide a more personalized service.
- Session cookies- are temporary cookies that remain in the browser's cookie file until you leave the site. The information obtained by these cookies is used to analyze web traffic patterns, allowing problems to be identified and providing a better browsing experience.

9.4 What do we use cookies for?

- Strictly necessary cookies- They allow you to browse the site and use the applications, as well as access secure areas of the site. Without these cookies, the required services cannot be provided.
- Analytical cookies- They are used anonymously for the purposes of creating and analyzing statistics in order to improve the functioning of the site.
- Functionality cookies- They store the consumer's preferences for using the site, so that you don't have to configure the site again each time you visit.
- Third-party cookies- They measure the success of applications and the effectiveness of third-party advertising. They can also be used to personalize a widget with consumer data.

9.5 How can you manage cookies?

All browsers allow the consumer to accept, refuse or delete cookies, and also inform the consumer whenever a cookie is received, namely by selecting the appropriate settings in their browser. The consumer can configure cookies in the "options" or "preferences" menu of their browser.
Please note, however, that disabling cookies may prevent some web services from working properly, affecting, partially or totally, navigation on the site.

11. Virus

Racks is not responsible for any damages arising from any computer virus or any other situation to which it is unaware and which prevents access to and correct operation of this website and the services provided on it.

12. Insurance

Racks offers options of Theft and Damage Insurance or Extended Warranty Insurance for some new, used and reconditioned equipment available in the Online Shop. Insurance can only be requested by consumers residing in Portugal. Insurance requests are not accepted for collect orders.

13. Applicable legislation

All purchases made on the site www.racks.pt are subject to Portuguese law. Any conflict or divergence of interpretation of the General Conditions of Contract and Use shall be submitted to the competent Portuguese Court.
If the consumer is outside mainland Portugal, Racks hereby informs that any legal proceedings should be referred to the Portuguese Courts.

14. Online Dispute Resolution

Alternative dispute resolution is a possibility available to all consumers. They can turn to official bodies to help them resolve or guide them through a conflict before taking legal action in the courts. In the event of a consumer dispute, the consumer can turn to the following alternative dispute resolution body:
National Center for Consumer Conflict Information and Arbitration
Telephone: 213 847 484
E-mail: cniacc@uni.pt
Website:https://www.cniacc.pt/pt/
For more information, see the Consumer Portal atwww.consumidor.pt

(under article 18 of Law no. 144/2015, of September 8)