1. OBJECT

The present terms and conditions are agreed between FRESH OBSERVATION UNIPESSOAL LDA, with head office at Rua do Hospital nº 8, 3250-126 Alvaiázere, NIPC 517397471 (hereinafter “YOMASHI”), and any person wishing to purchase online services for pets (hereinafter “USER”), marketed by adherent entities (hereinafter “PROVIDER”).

The general sales conditions on the online platform www.yomashi.pt (hereinafter the “PLATFORM”), established between YOMASHI and the USER, regulate all the steps required to make your online purchase of pet services.

The use of the PLATFORM implies full acceptance of and agreement with all the parameters described in this document, as well as with the Privacy Policy in force from the moment the USER accesses the PLATFORM.

If the USER does not accept, partially or totally, any of the stipulated conditions, the USER you should request the deletion of your account. By making purchases through the PLATFORM, you will be committing and taking responsibility for respecting the conditions determined here as well as in the Privacy Policy.

YOMASHI reserves the right to update and change these Terms and Conditions, giving prior notice to the USER of any change or update.

2. REGISTRATION AND LOGIN

The USER shall take all precautionary measures required to maintain the confidentiality of his password, being fully and exclusively responsible for any actions carried out through his user account, directly or through third parties authorized by the user, and for preventing any use by unauthorized persons or any infringement.

If the USER suspects any irregular activity in his/her account, he/she must immediately inform YOMASHI in order to investigate and remedy the issue as soon as possible.

3. SERVICE RESERVATION

The reservation of services is made in real time, and the USER is informed in real time about the availability of the same .

Depending on availability needs, the USER may be offered availability alternatives of the selected PROVIDER and/or service provider alternatives.

After confirmation of availability by the PROVIDER, the CLIENT is notified to make the respective payment.

The USER accepts the conditions of availability, rules, and limitations presented in the PLATFORM by indication of each service PROVIDER.

The completion of the purchase or payment process implies that the USER has taken note of and expressly accepts these Conditions of Use of the Services, and the data recorded is proof of all transactions made by the USER.

As soon as you finish your purchase and respective payment, an email will be sent to the mailbox indicated by the USER, and the transaction will only be considered as confirmed after this email is received.

4. PRICES AND SALES CONDITIONS

The prices for pet services (face value) are given in euros, and all purchases, whatever their origin, must also be paid for in euros.

In the PLATFORM, the prices of the services presented are in Euros, being applied the proper VAT rates and taxes according to the law in force, which are already included in the price presented.

The price for each service is stipulated by the PROVIDER and can vary from day to day and at various times of the day, according to the affluence of demand.

The PLATFORM informs the USER about the characteristics of each service on each page made available, and the information may be updated and changed by YOMASHI at any time.

The PLATFORM is committed to making the services available in a clear and concise manner, through complete information, and to correcting possible errors that may occur as soon as possible.

By purchasing a service or making a payment the USER will be accepting all the Conditions of Use of the Services indicated in this document, as well as those of the General Terms and Conditions of Use and Privacy and Cookie Policy.

After the confirmation of the service purchase by the USER, the price of that specific service will remain unchanged until the service is executed.

5. PAYMENT

The PLATFORM makes several electronic payment methods available, including payment with credit and debit cards from the world’s main issuers.

Acceptance and processing of payments is handled by Stripe Payments Europe, Limited.

Depending on the specific availability and conditions indicated by the PROVIDER and the number of days remaining for the service, some of the payment methods proposed above may not be available.

The validation and confirmation of the service sale implies the obligation of payment of the price by the USER.

The USER will receive an e-mail confirming that the service has been paid for.

The PROVIDER is the entity responsible for issuing the invoice and/or receipt to the customer.

In case of fraudulent payments, YOMASHI reserves the right to cancel the respective service(s), suspend or delete the USER’s account if intentionality is proven.

6. PROVISION AND USE OF SERVICES

The services are carried out under the responsibility of the PROVIDER, and YOMASHI cannot be held liable for any responsibilities arising from them.

The alteration of the date or cancellation of the service is the exclusive responsibility of the PROVIDER, who is obliged to comply with the provisions of the legislation in effect.

Each service is personal and non-transferable, and any improper use of it is the entire responsibility of the USER, as is the obligatory confirmation of the data contained in the PLATFORM registration.

The PROVIDER can refuse the service in case of incorrect or incomplete address data, or in case of unjustified delay by the USER to deliver the pet at the respective intervals:

• after 15 minutes of delay for services under 1 hour
• after 30 minutes delay for services between 1 hour and 4 hours
• after 45 minutes of delay for services longer than 4 hours.

The USER who does not use the service for any of the reasons mentioned above does not have any right to a refund.

The PROVIDER is not obliged to verify the USER’s identification in order to confirm that it is indeed the USER who has purchased the service, however, the PROVIDER can refuse if it is not the same USER who has purchased the service.

If the USER books with a third party account, for security reasons, the USER must inform the PLATFORM of this situation in advance.

The services purchased are guaranteed and confirmed in the USER’s personal area on the PLATFORM until the date of service.

7. CANCELLATION, EXCHANGE AND RETURNS

It is not possible to exchange or compensate services purchased on the PLATFORM

In the event of non-performance of the service at the place, date and time scheduled, or interruption of service, for reasons attributable to the PROVIDER, the PROVIDER is obliged to comply with the legislation in force and applicable to this type of situation, and is also subject to the PLATFORM’s regulations of use.

In cases where there is a refund of the value of the service, by decision of the PROVIDER, the refund can only occur in favor of the USER who has purchased the service and for the same means of payment used. Under no circumstances will there be any reimbursement or payment of any expenses or compensation.

In the event the service is cancelled or postponed, or if the return of the purchase amount is requested for reasons of force majeure to the PROVIDER responsible for the service, YOMASHI will not refund the operating costs and other associated costs.

In case of interruption of service, there is no place for refund if this occurs due to force majeure verified after the start of the service.

Under the applicable legal terms, cases of force majeure are considered to be those resulting from unforeseeable events whose effects occur independently of the PROVIDER’s will, namely, fires, floods, cyclones, earthquakes and other natural causes that directly impede the realization of the service.

In the event that the PROVIDER decides to cancel or change the date, time or location of a service purchased by the USER, YOMASHI reserves the right to use the USER’s personal information in order to provide the USER with information regarding the procedure to be adopted in the specific case, in accordance with the PROVIDER’s instructions.

YOMASHI does not assume, in any case and under any circumstances, the obligations and responsibilities of the PROVIDER.

8. WARRANTIES

In case of error due to duplicate transactions, we guarantee the cancellation and full refund of the amount paid.

In case of postponement of the service agreed upon between PROVIDER and USER, the service purchased is valid until the new date.

In the event of cancellation by the PROVIDER and the USER does not wish to reschedule the service, the PROVIDER must be guaranteed a full refund to the USER.

The USER recognizes and declares that, unless authorized by YOMASHI, the purchase or transfer by third parties, by any means, of services to the PROVIDER outside the PLATFORM, implies the cancellation of the same and the perpetual cancellation of the account of both on the PLATFORM.

Violation of the provisions of this clause by the USER may determine its civil and/or criminal liability and, consequently, the obligation to compensate for the damage caused and its punishment with a fine or imprisonment under the terms of the law.

9. INTELLECTUAL PROPERTY

The PLATFORM is a registered online platform, and the service provided is the responsibility of YOMASHI.

The content, domain, information present and made available on the PLATFORM are owned by YOMASHI, or have been granted to it, and are therefore protected by copyright and related rights.

Any and all use, reproduction, copy or disclosure of visual, audiovisual or written content is subject to prior approval by YOMASHI.

O USER undertakes to fully respect the conditions and rights referred to, as well as to refrain from acts that may go against the law and rights such as copyright, related rights, among other laws applicable to the use of images, videos, content, etc. without the express approval of YOMASHI.

YOMASHI cannot be held responsible for the possible misuse of the above described resources.

10. FREE DISPOSAL

The right of free termination of the contract does not apply when the contract provides for a specific date or period of performance.The USER is free to request the deletion of his/her account at any time.

11. COMPLAINTS

The USER may file a complaint regarding any issue, act, information or service provided concerning YOMASHI through the following form or the Electronic Complaints Book.

12. RESPONSIBILITY

By creating and using the PLATFORM account, the USER is responsible for the confidentiality, maintenance and activity arising from his or her account, expressly and unequivocally accepting the Terms and Conditions in their most current version.

The account created in the PLATFORM is personal and non-transferable, and the veracity of the data and actions performed in the same are attributed to the USER. YOMASHI is not responsible for any information disclosed by third parties, technical failures or any other problems that prevent the access and proper functioning of the online platform.

YOMASHI ensures a network of responsible and reliable adherent providers, and is not responsible for any damage that may occur during the service, incidents on the pet(s), their treatment, and/or third parties.

In case of suspicion and/or evidence of negligence by the PROVIDER, it may determine its civil and/or criminal liability and, consequently, the obligation to compensate the USER for the damages caused and its punishment with a fine or imprisonment under the terms of the law. YOMASHI has no responsibility and reserves the right to cancel the services and to perpetually cancel the PROVIDER’S account on the PLATFORM.

13. PROCESSING OF PERSONAL DATA

Please check the Privacy and Cookies Policy.

14. APPLICABLE LAW – JURISDICTION

This contract is subject to Portuguese Law and current legislation.

In situations not foreseen in this contract, the regime of purchase and sale, electronic and distance transactions (Law No. 24/2014 of February 14) shall apply with the necessary adaptations.

This online platform was created in compliance with Portuguese Law.

In case of dispute, the consumer may resort to the Lisbon Center for Consumer Conflict Arbitration, with the following contacts

Rua dos Douradores, 116, 2º | 1100-207 Lisboa

Phone: +351 218 807 030 | Fax: +351 218 807 038

E-mail:
juridico@centroarbitragemlisboa.pt
|
director@centroarbitragemlisboa.pt

Web:
www.centroarbitragemlisboa.pt

More information at Consumer Portal
www.consumidor.pt

If you are a consumer living in another Member State, please make your complaint through the
European Consumer Centre.