Terms of Use

PLEASE READ THE TERMS OF USE OF THE WEBSITE CAREFULLY

1. Purpose

These terms of use (“Terms of Use”) establish the rules for accessing and using the website https://avacr7.com (“Site”).
The Site is owned and operated by Green Fit Recovery, Lda., with registered office at Avenida Engenheiro Duarte Pacheco, Torre II, 8th floor, room 10, parish of Campo de Ourique, municipality of Lisbon, with the unique registration number at the Commercial Registry Office and legal entity number 518 096 700, and with a share capital of EUR 50,000.00 (“Company”).

2. Acceptance

The user of the Website (“User”) acknowledges that by using the Website, they accept these Terms of Use. If the User does not agree with any of the rules set out in these Terms of Use, they must refrain from using the Website.

3. Access to the Website

Anyone may use the Website and may consult and browse it.
The use of certain features and services available through the Website may be subject to the creation of an account.
The User must provide all information requested by the Company.
All information must be true, accurate and up to date. If any data is out of date, it is the User's responsibility to update it.
The data provided by the User must be kept strictly confidential by the User and must not be made available to third parties or used in conditions that allow it to be decoded or copied.
In the event of loss, theft or misplacement of access data to the Site, the User must immediately notify the Company and request new access data.
Any access and use of the Site with a User's data is the sole responsibility of that User.
The Company may, without prior notice, cancel or suspend access to the Site by a user when they violate applicable law, these Terms of Use or contracts with the Company or other Users, as well as at the request of a competent authority.
The suspension will be communicated to the User via the email address used to fill in the requested information.
The Company may also, without prior notice, suspend, partially or totally, access to the Site or part of it, during modification, modernisation or management and repair operations. It may also temporarily or permanently close any part of the Site.

4. General rules for using the Website
The User:

Must not use the Website for purposes that are not permitted, illegal or offensive to public order or morality;
You must not use the Website to make available any content that is illegal, false, misleading, threatening, malicious, abusive, defamatory, insulting, invasive of privacy, racially, ethically or morally reprehensible, harmful or offensive to the dignity of individuals or harmful to minors, or that may negatively affect the image of the Company and the Website;
You must not use the Website to send or make available information or content belonging to third parties that you do not have the right to use, such as content protected by any intellectual property or industrial property rights of third parties or content that includes personal data of third parties;
You must not make available or send false or misleading information that violates the rights of third parties or the necessary authorisations;
You must not use the Website to make available or transmit any type of material that contains or may contain viruses, worms, defects, Trojan horses or other items or computer code, files or programs that are likely to interrupt, destroy or limit the functionality of any computer system (software or hardware) or communications equipment;
You must not impersonate any person or entity, including, but not limited to, a Company official;
You must not make available or transmit any unsolicited or unauthorised content such as spam;
You must not engage in any acts that may cause damage, including, but not limited to, (1) violating authentication or security systems that protect access accounts, servers, services or authentication or security systems that protect access accounts and data, servers, services or networks, (2) unauthorised access or obtaining of any third-party data, whether personal or not. Any type of phishing is prohibited, (3) unauthorised research into vulnerabilities or deficiencies in access accounts, servers, services, networks, in particular the systematic detection of responses to services (Scan), (4) entry into computer systems, services or networks without the express authorisation of those responsible or the owners (break in), (5) actions to overload, sabotage or disrupt the functioning of the Website (Denial of Service) and (6) illegal or improper interception and/or interference (or attempted interception and/or interference) with any data, systems or equipment without authorisation to do so;
You must not modify, decompile, reproduce or otherwise use the Website in any unauthorised manner;
You must not collect, store, make available, transmit, exploit or reproduce information about other users (including names and/or email addresses) for unauthorised purposes.

The Site must always be used in a responsible, prudent and careful manner, without disrupting or degrading the continuity, integrity and quality of its resources and functionalities. The User acknowledges that their use of the Website is at their own risk and that they are solely responsible for any damage caused to their computer system and/or equipment or for other damages or losses, including loss or damage to data, resulting from the use of materials, content or information obtained in any way through the Website.

5. Intellectual property rights

The User accepts and acknowledges that the Website, its structure and layout, the selection, organisation and presentation of its content, including features and the software used therein, as well as the trademarks, logos and symbols displayed on the Website are owned by the Company or have been legally used or duly licensed in its favour.
The User acknowledges that the contents of the Website (texts, images, animations, videos and all other information made available) are protected by intellectual property rights, and undertakes to respect such rights.
The Company is responsible for managing the design of all information and content made available on the Website and may, at any time, update it, deleting or modifying any content, services, options and features, with the respective modification of the presentation and respective URLs.
The User is not authorised to transmit, communicate to the public, publish, make available to the public, modify, transform, copy, sell, use or distribute, in any way, the texts, images or other information contained on the Website or part thereof without the prior authorisation of the Company or the User who holds the intellectual property rights to that content.
The use of trademarks and logos on the Website, as well as the availability of the materials and products on it, does not grant, nor can it be interpreted as granting, permission to Users to use, directly or indirectly, such trademarks, logos or materials.

6. Personal data

Making a purchase through the Website involves providing personal data, namely those requested when placing an order. Additional data may be requested regarding payment methods and delivery.
All personal data transmitted to the Company may be processed in accordance with the terms defined in the Privacy Policy and Cookies Policy.

7. Liability

The Company is solely responsible for administering and managing the Website.
The Company may only be held liable for acts attributable to it on the grounds of wilful misconduct or gross negligence.
The Company shall not be liable for any loss of profit, moral or image damage, or for facts that are not attributable to it, in particular situations of unforeseeable circumstances or force majeure. For the purposes of this clause, force majeure shall be deemed to be any events that are not under the control of the Company and are not legally attributable to it.
The Company shall not be liable for any damages or losses resulting from:

(a) Use or inability to use the Website, including, in particular, delays, interruptions, errors, interference and suspension of communications, omissions, viruses, bugs and malfunctions or problems with the electronic, computer or telecommunications system;

(b) Anomalies or errors in the functioning of any payment system;

(c) Delays or blockages in use due to deficiencies in the supply or overloads of the internet or other electronic systems, namely failures in accessing any part of the Website;

(d) Suspension, malfunction or unauthorised use of the servers on which the Website is hosted and/or all information and data stored there;

(e) Illegal actions by third parties, including access to or modification of personal databases;

(f) Use of the username and password by unauthorised third parties;

(g) Misuse of the Website under the terms of these Terms of Use;

(h) Possible errors or security deficiencies that may arise from the use of outdated or insecure browser terminal equipment, as well as from the activation of password or user identification code storage devices in the browser, or from damage, errors or inaccuracies that may result from their malfunction.

The Company, as the owner of the Website and responsible for its management and maintenance, does not represent, in its interactions with users, other users who are also registered on it. As such, it is not responsible for the services or content that users include on the Website, nor for the use that third parties make of such content.
The payment, by way of compensation, of any amount to a third party or User following complaints of any kind based on the violation of these Terms of Use by a particular User shall be fully reimbursed by that User.

8. Warranties

The Company does not warrant that the Site or any functionality available on it will meet any specific needs or expectations of a particular User.
The Company does not warrant to Users that:

(a) The results obtained through the use of the Site are accurate, true, proper or reliable;

(b) Any advice or recommendation of any kind, for which the Company is responsible, presented on the Website or obtained through its use, is current, accurate, complete or error-free;

(c) Any material or other content made available by a User or third party is safe, legal or appropriate.

9. Links to third-party websites

The Company may provide links to pages owned, managed and operated by other entities, for which the Company is not responsible for the legality, nor does it approve in any way or support or endorse the content contained therein.
The establishment of links does not imply the existence of any relationship between the Company and the owner or administrator of the page to which it refers.

10. Security

The Company does not guarantee that the Website will function without interruption and be free of errors or faults, such as viruses or elements that are dangerous to Users' computers.
To ensure the security of the Website, the Company may, without prior notice, take the necessary measures to ensure the integrity, security, continuity or quality of the Website, including limitations or restrictions on access.
It is the responsibility of each User to take measures to protect their terminal equipment and security measures to prevent unauthorised access.

11. Changes to the terms

The Company reserves the right to change these Terms of Use 30 (thirty) days prior to their taking effect, unless required by regulatory or legal obligations that prevent such advance notice.
The Company may also, at any time and at its sole discretion, add features or functionalities, improve, alter or modify the Website. The Company will notify the User of such modifications through the Website or in communications sent to them. The Company is not responsible, nor can it be held liable, for any issues arising from such modifications.

12. Validity

If any provision of these Terms of Use is declared null and void or in any way invalid, ineffective, non-existent or unenforceable by a competent authority, such invalidity, ineffectiveness, non-existence or unenforceability shall not affect the validity of the remaining provisions of these Terms of Use.

13. Communications and Complaints

All notifications that must be sent by the Company in accordance with these Terms of Use, or for any purpose associated or related thereto, may be sent to any most recent contact details provided by the User. For this purpose, the User declares that they agree to be contacted by the Website and/or the Company at the email address provided.
Any notifications or communications relating to these Terms of Use shall be sent to the following email address: customercare@avacr7.com.
Users consent to receiving electronic communications from the Company. These electronic communications may include notifications about applicable fees and costs, transactional information and other information related to or concerning transactions carried out.
For complaints and claims relating to the Website, you may contact the Company through its channel or additionally through our complaints book.

14. Applicable law and jurisdiction

The law applicable to the Website and these Terms of Use is Portuguese law.
The User may contact the Company in writing through one of the following means of contact:

(a) to the following address: customercare@avacr7.com; or
(b) electronically through the contact form available on the Website.

The Portuguese courts have exclusive jurisdiction to settle any disputes relating to the use of the Website and these Terms of Use.
Consumers are informed that, under the terms and for the purposes of Article 14 of Law No. 24/96 of 31 July, as amended, consumer disputes whose value does not exceed the jurisdiction of the courts of first instance, i.e. EUR 5,000.00 (five thousand euros), are subject to mandatory arbitration or mediation when, at the express option of the consumer, they are submitted to the consideration of an arbitral tribunal attached to legally authorised consumer dispute arbitration centres.
Under the terms and for the purposes of Article 18 of Law No. 144/2015 of 8 September, as amended, consumers are hereby informed that the Company is bound, by legal requirement arising from mandatory arbitration, to arbitration tribunals attached to legally authorised consumer dispute arbitration centres, in relation to consumer disputes whose value does not exceed the jurisdiction of the courts of first instance, i.e., EUR 5,000.00 (five thousand euros) when, at the express option of the consumer, these have been submitted to the consideration of the aforementioned arbitration courts.

Date of last update: 1 March 2025