Termos e Condições
This website is managed by LOW STRESS LDA (hereafter referred to as “Aljezur Surf Spot”), a limited liability company based in Urbanização Vale da Telha, Sector D, Lote 125, 8670-156 Aljezur, Portugal, under the legal entity identification number 507536592.
These Terms and Conditions (hereinafter, “Conditions”) apply to all users or customers of the [Aljezur Surf Spot] website (hereinafter referred to as User (s)) and, as well as any commercial transactions made through your online store.
The contractual proposal regarding the purchase and sale of products sold in this Online Store is directed only to persons of full age, with full capacity and who can therefore be responsible for the commitments resulting from the purchase and sale of the products sold.
If you do not totally or partially agree to these Terms, you should not access the website or its associated features and services, including its Online Store. In particular, making any purchase through the Online Store depends on your acceptance of these Conditions, so if you do not accept them, you may not use them.
Your acceptance of these Terms is in your personal name. By placing orders through the Online Store, the User declares to be over 18 years, ensuring the full legal capacity and powers necessary to make such acceptance. Further, by accepting these Conditions, you expressly represent that you will not use the website and the features or services associated with its use for illegal and / or illicit purposes.
Aljezur Surf Spot may, at any time, update, modify or replace, in whole or in part, these Conditions or the policies associated with them, announcing such changes in its own place. The User will be responsible for periodically checking the occurrence of any changes, and the use of the website is governed by the conditions in force at each moment of access.
Notwithstanding any changes to these Conditions, the Terms and Conditions in effect at the date of their confirmation will apply for each order.
Aljezur Surf Spot guarantees User account security within the expected and appropriate security measures for platforms such as this website and its online store.
By using this website, you acknowledge that your personal data will be processed by Aljezur Surf Spot, identified above, and represent that all information or data provided is true and true. Aljezur Surf Spot cannot be held responsible for the inaccuracy of the information provided by the Users on the website, being entirely responsible for its accuracy, completeness and updating.
The User hereby consents to the use of the information provided for contact purposes whenever necessary, as well as the provision by Aljezur Surf Spot of his personal data (name, address and telephone contact) to the carrier in charge of the delivery of the ordered products.
3. WEBSITE USE
3.1. Service Availability
Aljezur Surf Spot is not liable for damages resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or rendering of services to Users.
Under no circumstances may Aljezur Surf Spot (and / or its representatives or collaborators) be liable for any damages arising in any way from the malfunctioning of this website, regardless of the duration of such malfunction, or any damage caused. for the reproduction, use or exploitation of the website that violates the provisions of these Conditions.
Aljezur Surf Spot reserves the right to modify at any time the information and commercial offer presented about: products, prices, promotions, commercial conditions and services.
Aljezur Surf Spot has the exclusive right to, unilaterally, at any time and without prejudice to notice, suspend or terminate, partially or totally, temporarily or permanently, access to the website, in particular in management, maintenance, repair, alteration or modernization operations.
Violation of the Terms by the User constitutes grounds for its resolution by Aljezur Surf Spot, which reserves the right at any time to terminate the use of the website and its features and services by the User, with or without notice to the same. In any event, the breach of these Terms by the User, regardless of whether or not it operates, gives Aljezur Surf Spot the right to be compensated for all damages resulting therefrom.
3.2. Website Customer Registration
Mere access to the website is not subject to registration. However, to enjoy all its features and services, including placing an order, the registration of the User will be required.
To make your registration, you must create a User account, filling out the form for this purpose and indicating, necessarily, an email address and password. Additionally, you will be asked for the following personal data:
b) email address;
d) date of birth;
f) postal code; and
h) Telephone Contact
After registration and subsequent access, you only need to identify yourself using the email address and password you entered when creating your User account.
The User is responsible for the accuracy, completeness and legality of the data provided at the time of registration. Accordingly, you are solely responsible for any false or inaccurate statements you make, as well as any activity that takes place on your account, and there is no obligation on Aljezur Surf Spot to monitor the content or (in) fulfill any responsibilities of the User, notably to other Users or to national authorities.
Aljezur Surf Spot has no access to or knowledge of the password set by the User, and the User is responsible for ensuring its confidentiality and for ensuring its safekeeping and proper use, as well as complying with good practices regarding the security of its account (in particular by changing password regularly and avoiding connections through publicly available networks). Aljezur Surf Spot cannot be held responsible for damages resulting from the loss or misuse of the password set by the User.
3.3. Place an Order
All products available on the Aljezur Surf Spot website are illustrated with photographs and an indication of their essential characteristics.
Aljezur Surf Spot makes every effort to ensure that the information presented is current and free of typographical errors. Without prejudice, whenever these occur, they will be corrected as soon as possible.
At any time, Aljezur Surf Spot may change, delete or move any information / product on the website and Online Store, without prior notice, namely regarding prices, promotions, offers, business conditions and services.
The User already accepts and expressly agrees with the following:
a) The images are merely illustrative and may not correspond strictly to the actual appearance of the products, so the User should carefully read the information provided on the website about the essential characteristics of each product, warnings and instructions for use. If in doubt, you may contact Aljezur Surf Spot for additional information by completing the information request form.
b) All products for sale on the website are subject to existing stock, subject to Aljezur Surf Spot’s commitment to provide up-to-date information on product availability. Aljezur Surf Spot is not obligated to supply products that are unavailable. Whenever any products ordered are unavailable, Aljezur Surf Spot will immediately inform the User, refunding their price within 30 days.
c) Aljezur Surf Spot will not assume responsibility for any discontinued items. In such case, the procedure applicable in case of unavailability of products, as per previous paragraph, shall apply.
d) The prices and products available on the website will only be valid for commercial transactions made through the Online Store.
To place an order, you must follow the online shopping procedure, namely by inserting the desired products into your shopping cart, indicating the number of units desired and, where applicable, their size and color.
After the process of selection of the desired products, the User must select the option “Finalize Order”, and for this purpose follow the indicated procedure, performing login or by creating a new registration (as provided in 3.2.) and following the steps described in 3.5 and following.
The price of the products will be as stipulated on our website, except in the case of an obvious error. While we will make every effort to ensure that the prices posted on the website are correct, there may always be errors. In the event of a manifest error in the price, Aljezur Surf Spot immediately informs the User, giving him the option to confirm his order at the correct price or cancel it. If it is not possible to contact the User, we will consider the order as canceled and all amounts paid will be fully refunded.
Online prices may differ compared to physical stores for different channels. The customer may choose the purchase channel, respecting the price applied.
Prices shown include VAT at the legal rate in force in Portugal. At these prices, the applicable destination charges will be added as provided for in 3.5.
Prices shown may be changed at any time, and any changes will not affect orders for which the “Order Confirmation” has already been sent.
3.5 Delivery Methods and Payment Methods
For the purpose of order completion, the User must select the desired delivery and payment methods, choosing from one of the following methods available on the website:
3.5.a) Online product booking and in-store payment:
If this option is selected, the User can reserve the desired product (when it is available in stock) and collect it in the selected store.
The act of collection of the product implies the payment of the respective price at that time and will follow the normal procedures of a purchase in physical store (excluding the extension given in points 4.1 and 4.2), and the mere online booking is not assigns the User any right to the product in question until it is paid for and actually purchased.
Notwithstanding, Aljezur Surf Spot guarantees the reservation of the product for a period of 24h00 after which, if the product is not collected, will be made available for purchase by any Aljezur Surf Spot customer.
3.5.b) Purchase online, with pick up at one of the Aljezur Surf Spot stores from those available on the website:
In this case, the User must select the desired store, and no shipping costs are due.
Payment must be made through one of the available forms of payment, and the User must choose to make the payment through ATM reference (payment of services), visa or mastercard, or other available at any time on the website.
The process of processing and shipping the order to the selected store only begins after confirmation of receipt of payment.
The order will be available for pick up at the selected store within 10 working days, and the Customer will be informed via SMS or email upon arrival of the product to the store.
3.5.c) Purchase online, sending to the address indicated by the User:
In this case, the User must indicate the desired mode of delivery and its delivery data (name and address), so that Aljezur Surf Spot communicates them to the carrier responsible for the delivery of the order.
Products sold through the Online Store are available for delivery throughout Europe, provided they are available in stock. Except in extraordinary circumstances, orders placed will be delivered on time and according to the final destination.
You may therefore choose from one of the following delivery methods:
i. [indicate delivery method no. 1 + lead time + shipping price];
ii. [indicate delivery method # 2 + lead time + shipping price];
Notwithstanding the stated deadlines, delays may occur for any of the following reasons:
i. Delays by carriers;
ii. Delivery difficulties to the recipient;
iii. Local holidays.
Delivery times refer to business days, with no orders and / or shipments processed on Saturdays, Sundays and National Holidays.
Payment must be made through one of the available payment methods, and the User must choose to make the payment by ATM reference valid for 72h00, visa or mastercard, or another available at any time on the website.
The process of processing and shipping the order to the selected store only begins after confirmation of receipt of payment.
3.6. Data billing
Whenever you choose to make the purchase of products online – as provided in paragraphs b) and c) of the previous number – you must indicate the following data for billing:
a) full name;
(b) telephone contact;
c) Billing address;
d) TIN to be shown on the invoice.
The above registration data will be requested to the User upon the first purchase through the website, being saved for the purpose of future purchases. Without prejudice, the User may choose to enter new data in subsequent purchases.
3.7. Order Completion
Prior to confirming the order, a summary of the order will be displayed, which will include a listing of the selected products, their prices, VAT payable, means of delivery and payment method and billing information, where applicable.
The User undertakes to verify the data contained in his order summary and should go back to the previous steps in order to rectify it if he finds any non-compliance.
In order to complete the order, the User will need to read these Conditions carefully, indicating their agreement on the spot. Acceptance of these Conditions is an absolute requirement for continued operation. The User must immediately print and archive the Terms and Conditions for future reference.
Once the order is finalized, the User will receive an automatic email with the “Order Confirmation”. If the data indicated therein are not correct, you can immediately request the cancellation of the purchase / reservation made.
In the case of online purchase (according to points 3.4), b) and c), by completing the described procedure and finalizing the order, the User is entering into a purchase and sale agreement with Aljezur Surf Spot.
Once the total price of the products has been paid, the invoice will be issued and sent to the email provided by the User. Once issued, the invoice cannot be reissued with changes.
3.8. Inability to deliver
If it is impossible to deliver your order due to the absence of a consignee at the specified location or incorrect address, [… the order will be available for pickup at our stores || will be available for pickup at carrier’s terminal || will be returned || …].
[We will enter || The carrier will contact] the User in order to define a new delivery, being charged postage for resending the order.
If the product cannot be delivered due to the absence of a consignee at the address indicated, the carrier may be charged for the cost of storing the products and retrying them.
4. EXCHANGE AND RETURN POLICY
4.1. Right of free termination of contract
Under DL No. 24/2014 of 14 February, as amended by Law 47/2012 of 28 July and by DL No. 78/2018 of 15 October, Consumers, the definition of which is provided for in said legal diploma, have the right to freely terminate the contract, up to 14 days after receipt of the order, without any need for justification.
To exercise the right of free termination of the contract, the User has the following options:
a) If you have not yet received the “Order Shipment Confirmation” email, clearly expressing your wish to cancel the order through the customer support line or email@example.com.
b) If you have already received the “Order Shipment Confirmation”, you must wait for it to be delivered to you, then fill out the return form and return the order.
Having exercised the right of free termination of the contract under the terms of the previous paragraphs, Aljezur Surf Spot will acknowledge, within 24h00, the receipt of this declaration by email to the User.
The right of withdrawal may be exercised by the User for all products purchased or only for some of the products included in the order.
4.2. Effects of free termination of contract
Whenever the right of withdrawal is validly exercised by the User, the User will be fully reimbursed of the price paid for the products and their delivery costs within 14 days from the date of the decision to withdraw.
If you have already received the products, the User must, within 14 days from the date you have communicated your decision to terminate the contract, return them to Aljezur Surf Spot facilities, bearing the possible costs of their transportation. No returned products will be accepted.
Upon receipt of the returned products, we will check them, ensuring that they are complete and in the same condition as they were shipped. Upon completion of this verification without any problems being detected, we will refund the amount paid through the same payment method used by the User for the original transaction.
Aljezur Surf Spot reserves the right to withhold the refund until the goods are received or until the consumer has provided proof of their return, as well as the right to refuse to refund a product which, having been returned, is not in the condition has been dispatched.
Except as provided in these Conditions, the cases in which the products sold are sealed s and not returnable for health or hygiene reasons when opened after delivery. In these situations, the right to freely terminate the contract is not applicable. Similarly, the right to freely terminate the contract will not apply where the customer chooses the option under 3.5 (a).
4.3. Contractual right to return products
Upon receipt of the products, the User may return and / or exchange them, as indicated below. This right may be exercised for all products purchased or only for some of the products included in an order.
You have 30 days from the date of delivery of your order to return the products purchased online. For Portugal Continental Aljezur Surf Spot can schedule pickup for free. Outside Portugal the User will be responsible for ensuring the delivery of the products at Aljezur Surf Spot premises, not accepting any returns sent to the collection.
The User may also choose to exchange products purchased online at any of the Aljezur Surf Spot physical stores, having 15 days to do so. Respecting the rules of the business establishment.
The contractual right to return products applies exclusively to products that may be returned under the same conditions as the User received them, not being returned / exchanged products that have been used, or whose labels have been removed and / or cut. , or that cause damage attributable to the User.
Any alteration of the products beyond the simple opening of their packaging invalidates the possibility of return or exchange.
Products must be returned using or cumulatively including:
(a) the original packaging;
b) The order confirmation number and / or copy of the invoice / receipt;
c) The completed return form;
d) All product labels and packaging.
Upon receipt of the returned order, Aljezur Surf Spot checks the conformity of the products concerned, checking that they are in the exact conditions in which they were shipped, namely with all labels and constituent parts / accessories, without being used and without any damage caused. by the User.
After product status validation, Aljezur Surf Spot reviews the original order and return form, validating or rejecting the return form. Accepting the return will refund the amount paid by the same payment method used by the User for the original transaction.
If the return has been made within the timeframe provided for in these Conditions, and the product meets all identified requirements, the return will be made.
If all the above conditions are not met, the return will be refused and communicated to the User by email, which will also indicate the reasons for rejection of the return. The User has the option to request the return of products not accepted for return, assuming the respective sizes of return.
Except as provided in these Conditions, the cases in which the products sold are sealed and not returnable for reasons of health or hygiene protection, when opened after delivery. In these situations, Aljezur Surf Spot reserves the right to refuse to return products opened after delivery.
5. PRODUCT WARRANTY
5.1. Defective Products
Aljezur Surf Spot products are subject to quality inspection. However, Aljezur Surf Spot shall be liable for any non-compliance of products sold to Consumers within 2 years of delivery, provided that they are notified to Aljezur Surf Spot within 2 months of the date on which they were delivered. detected.
The products do not comply with the sales contract when any of the following facts occur:
a.a.a) When the products do not comply with Aljezur Surf Spot’s description on their website;
a.a.b) when the products are not suitable for the specific use for which they are intended;
a.a.c) when the products are not suitable for the usual uses of goods of the same type;
a.a.d) When the products do not have the usual qualities and performance in goods of the same type and that the User can reasonably expect, given the nature of the good and, possibly, the public statements made by Aljezur Surf Spot about its specific characteristics.
During the warranty period, the product with a manufacturing defect will be replaced by a similar model when repair is not possible.
Thus, whenever the User considers that the purchased product contains a defect, should contact Aljezur Surf Spot, through the contact form, indicating the order number and presenting the corresponding invoice, explaining the defect and if possible, sending photographs of the article. defective.
Aljezur Surf Spot will review and confirm that there is indeed a There is a nonconformity in the product, and if so, we will replace it at no cost, and Aljezur Surf Spot will contact the User to schedule the collection of non-compliant goods, supporting all return and return shipping costs.
5.2. Warranty Exclusions
Nonconformity or defects in products are not considered to exist if, at the time the contract is concluded, the User becomes aware of such nonconformity or defects or cannot reasonably ignore them. Thus, when the product was sold with an express indication that it contained the defect in question, it cannot be returned as defective. Without prejudice to the User continuing to have the return procedures provided for in these Conditions.
Materials subject to breakage, deterioration, oxidation, loss or loss, defects caused by impact, improper use, improper maintenance and cleaning, neglect, misuse, modification, unauthorized repair, accident or normal wear and tear are excluded from warranty. and also, the damage caused by the use of other products, either in conjunction with these or isolated.
To the fullest extent permitted by law, Aljezur Surf Spot will only be liable for damages caused by gross negligence or willful misconduct. Aljezur Surf Spot assumes no responsibility for the continued availability of its website, and in particular of mobile networks, the Internet and mobile devices..
7. USER SUPPORT
The User may request assistance, direct comments, suggestions or complaints to Aljezur Surf Spot through the appropriate form available on the website, the customer support line or firstname.lastname@example.org.
Aljezur Surf Spot is at your disposal for any clarification or resolution of any problem related to the products supplied.
8. ALTERNATIVE DISPUTE RESOLUTION
In the event of a dispute over contractual obligations arising from purchase and sale contracts in accordance with EU Regulation No 524/2013, you may try to settle any dispute out of court by accessing the online dispute resolution platform, by email at http://ec.europa.eu/consumers/odr/.
You can also consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law No. 144/2015, of September 8, on the Consumer Portal, through the website www.consumidor.pt.
Without prejudice, we inform you that you may use the following Alternative Dispute Resolution Entities:
1. Lisbon Consumer Conflict Arbitration Center
(http://www.centroarbitaduralisboa.pt/ or Rua dos Douradores 106, 1100, Lisbon);
2. Vale do Ave Consumer Conflict Arbitration Center / Arbitral Tribunal
(http://www.triave.pt/ or Rua Capitão Alfredo Guimarães, 1, 4800-019 Guimarães);
3. CIAB – Center for Consumer Information, Mediation and Arbitration (Arbitral Tribunal for Consumption)
(http://www.ciab.pt/en/ or Rua D. Afonso Henriques, 1, 4700-030 Braga / Av. Rocha Paris, 103, 4900-394 Viana do Castelo);
4. CNIACC – National Center for Consumer Conflict Information and Arbitration
5. Coimbra District Consumer Conflict Arbitration Center
(http://www.centrodearbitragemdecoimbra.com or Av. Fernão de Magalhães, No. 240, 1st Floor, 3000-172 Coimbra);
6. Algarve Consumer Conflict Information, Mediation and Arbitration Center
(http://www.consumoalgarve.pt or Corporate Nest, ANJE Building, Estrada da Penha, 3rd floor, room 26, 8000 Faro);
7. Porto Consumption and Arbitration Information Center
(http://www.cicap.pt or Damião de Góis Street, 31, Shop 6, 4050-225, Porto).
Aljezur Surf Spot is not bound by adhesion or legal imposition resulting from necessary arbitration to any alternative consumer dispute resolution entity.
9. INTELLECTUAL PROPERTY
You acknowledge and consent that all intellectual property rights, including but not limited to copyright, trademark, designs, trade secrets or any other materials or content that are provided as part of the website are, in any event owned by Aljezur Surf Spot or who has granted the license for its use. You may use such material only as expressly authorized by us or by those who have granted us a license to use it.
These Terms do not give you any rights to use any trademarks and / or logos, designs or other copyrighted rights owned or licensed to Aljezur Surf Spot.
You will not copy, translate, disassemble or decompile, or create or attempt to reverse engineer or otherwise create the website source code and / or object, and also refrain from removing any proprietary or confidentiality notices. i intellectual property on the Website.
Aljezur Surf Spot warrants that to the best of its knowledge and reasonable knowledge it does not infringe any intellectual property rights of third parties.
10. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You shall not misuse this website through the intentional introduction of viruses, Trojan horses, spyware, malware, or any other technologically harmful or harmful material. You will not attempt to gain unauthorized access to this website, the server on which this page is hosted, or any server, computer or database related to our website. The User undertakes not to attack the website in any way, including through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause may result in the commission of a number of offenses provided for and punished under personal data protection law and cybercrime law, which will be properly reported to the appropriate authorities.
11. LINKS FROM OUR WEBSITE
If our website contains links to other pages and materials from third parties, these links are provided for information purposes only, without having any control or responsibility over the content of those pages or materials, as well as their policies and / or practices. Establishing links to other websites does not in any way imply any relationship between Aljezur Surf Spot and the owner or manager of the website to which the link refers. Accordingly, we will not accept any liability for damage or loss due to its use.
12. WRITTEN COMMUNICATION
By using this website, you agree that most notifications exchanged with Aljezur Surf Spot are electronic, and that this form of communication satisfies the legal requirement that such notifications be made in writing.
User notifications should preferably be sent through our contact form.
This condition will not affect rights recognized by law.
13. REASONS / EVENTS OF GREATER FORCE
Aljezur Surf Spot will not be liable for any breach or delay of any of the obligations assumed due to events beyond our control (Reasons / Force Majeure Events).
The concept of Force Majeure shall include any act, event, exercise failure, omission or accident that is beyond our control, including but not limited to:
a) General strike or other forms of protest that significantly affect the country.
b) Disturbances of public order, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
c) Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
d) Inability to use public or private telecommunications systems.
e) Impossibility of the use of rail, sea, air, road or other public or private means of transport.
f) Government laws, decrees, regulations or restrictions.
Any obligations will be suspended for the duration of the Force Majeure Reasons / Events and the deadlines for fulfilling such obligations will be extended for a period of time equal to the duration of the Force Majeure Reasons / Events.
14. FINAL PROVISIONS
The conditions of sale presented apply Portuguese law, without prejudice to other rights granted to the consumer by the legislation in force.
Aljezur Surf Spot has the right to change these Terms at any time. You are subject to the principles and terms in effect at the time of your order, unless the law or competent authority imposes any changes thereto (and such changes apply to orders already placed).
These Terms, including the Privacy and Cookie Policies, constitute the entire agreement between you and Aljezur Surf Spot regarding the use of the website.
These Policies are an integral part of these Terms and may not be separated from them.
YOU REPRESENT TO HAVE READ AND UNDERSTAND THESE GENERAL CONDITIONS, AND THEIR POLICIES, AND HAVE THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM. RECOGNIZES FURTHER TO BE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND LOW STRESS, WHICH DERIVES ANY PREVIOUS WRITTEN ORAL PROPOSAL OR AGREEMENT, AND ANY OTHER COMMUNICATION BETWEEN YOU AND LOW STRESS CONCERNING IT.
LATEST VERSION: April, 2023. Aljezur, Portugal.