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TERMS AND CONDITIONS
1. INTRODUCTION
This document regulates the terms and conditions of use of this website and the agreement established between Us (MY FAVORITE SPORTS, LDA. / Seller / us / our) and You (user). These Terms enshrine the rights and obligations of all users and MY FAVORITE SPORTS, LDA. relating to the goods/services available on this website or on any other website to which there is a hyperlink/link. (MY FAVORITE SPORTS Services, LDA.).
Before pressing the "CONFIRM ORDER" key at the end of the ordering operation, you must carefully read these Terms. If you do not agree with these Terms in their entirety, you must refrain from placing any order.
These Terms are subject to change, so you should read them before placing any order. If you have any questions about these Terms, please contact us using our website via our electronic form. MY FAVORITE SPORTS, LDA., which operates under the SURFACTORY brand, is a Portuguese public limited company, registered at the Braga Commercial Registry Office under no. Travessa do Navega, 436H - 3885-183 Arada - Ovar, Portugal.
2. USE OF THIS SITE
These Terms are the only conditions applicable to the use of this website and prevail over any other conditions, unless expressly agreed by the Seller, given in advance in writing. These Terms are important for both parties, as they aim to protect the rights of the user, as a customer, as well as our rights as a Seller and are intended to establish a legally valid agreement between the parties involved.
By placing an order, the user confirms that they have read these Terms, which they accept without any reservation.
The user accepts that:
You may only use this website to make inquiries or orders that are legitimate.
You will not place orders of a speculative, false or fraudulent nature. If we have reasonable grounds to believe that a particular order is of this nature, we reserve the right to cancel it and inform the competent authorities.
You will be obliged to indicate an email address, postal address, or details relating to another form of contact, which are correct and complete and you accept that the Seller may contact you using these details, if deemed necessary.
If you do not provide the Seller with all the information he deems necessary, it may not be possible to complete your order and/or guarantee a quality service.
When placing an order through this website, the user declares that they are over 18 years of age and that they have the legal capacity to enter into contracts.
3. FORMATION OF THE CONTRACT
The information contained in these Terms does not constitute a sales proposal, but rather a mere invitation to negotiate. No contract regarding the mentioned products will be established between the Seller and the user unless the order has been accepted by the former (regardless of whether or not a debit has been made to the user's account). If the order is not accepted after any debit has been made to the user's account, the respective amount will be refunded in full.
To place an order, you must follow the online purchase process and activate the "CONFIRM ORDER" button. You will then receive an email confirming that your order has been received by the Seller (the "Order Confirmation").
Without prejudice to the provisions of clause 9 “PRICE AND PAYMENT”, you must bear in mind that this does not mean that your order has been accepted. The order merely constitutes an offer to purchase one or more of our products.
Any order is subject to acceptance by the Seller, which will always be confirmed by sending an email communicating the dispatch of the product(s) - Shipping Confirmation.
The purchase and sale contract between the Seller and the user (Contract) will only be formalized with the communication of the Shipping Confirmation. The Contract will only concern the products mentioned in the invoice that will accompany the Shipment.
PRODUCT COLORS AND IMAGES
Surfactory seeks to display the colors of the products displayed on this website as accurately as possible. However, as the colors you see will depend on your monitor, we cannot guarantee that your monitor's display will be accurate.
CORRECTION OF ERRORS AND INACCURACIES
The information on this website may contain typographical errors or inaccuracies and may not be complete or up-to-date. We therefore reserve the right to correct errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to the product description, price and availability. We apologize for any inconvenience this may cause. If you are not completely satisfied with your purchase, you can return it subject to the current conditions. See the Return Policy (Returns and Refunds).
TYPOGRAPHICAL ERRORS
In the event that a product is incorrectly listed due to typographical error or systems error, Surfactory shall have the right to refuse or cancel any orders placed for incorrectly listed products.
4. AVAILABILITY OF PRODUCTS
MY FAVORITE SPORTS, LDA. sends orders to all countries within the delivery time indicated in the SHIPPING tab. If you have difficulty selecting your country by choosing the carrier, please contact us via the following email: geral@surfactory.pt.
The carriers with whom we have protocols make deliveries from Monday to Friday, between 8 am and 7 pm, to the address of your choice.
Orders received between 9:00 am and 5:30 pm are shipped within a maximum of 4 days (after payment confirmation).
Track my order
When your order is shipped, you will receive a code in your email so you can locate it on the website of the carrier you chose. If you have difficulty locating your order, please contact us via email geral@surfactory.pt.
Difficulties in making delivery
If the carrier is unable to deliver the order, they will make a new attempt the next day or contact you to schedule a new delivery.
If after two contact attempts by the carrier or MY FAVORITE SPORTS, LDA., it is not possible to deliver the order, it will be returned to MY FAVORITE SPORTS, LDA. and the costs of this return will be charged to the customer, that is, the value of return shipping is deducted from the amount of any refund to the customer.
5. REFUSAL OF ORDER
The Seller will not be responsible, before the user or any third party, for the withdrawal of any product appearing on this website, for the alteration or deletion of any materials or contents of this website, nor for the refusal to complete the processing or to accept any order that has been object of shipment through the “Order Confirmation” procedure.
6. RIGHT OF FREE RESOLUTION BY THE USER
The user who contracts as a consumer may freely terminate the Contract within 14 days from the date of delivery of the products to the place and person chosen by them. In this case, the user will be refunded the full price paid for the products, in accordance with the Return Conditions (see clauses 12 and 13 below).
The right to terminate the Contract will only apply if the products are returned in the same condition in which they were received by the user. The customer must return it with all instructions, documents and packaging materials. Any damaged product, which is not in the same condition in which it was received by the user, or which has signs of use beyond the mere opening of its packaging may be returned, in which case, the user will not be entitled to any refund. relating to its acquisition.
Take due care when handling the product(s) while they are in your possession, and keep the original boxes, instructions, documents and other packaging materials in your possession, in case of eventual subsequent return and collection of products.
More detailed information about the right to terminate the contract and explanations regarding its exercise are the subject of clause 12 of these Terms. This provision does not prejudice any rights arising from the law.
7. DELIVERY
Under the condition that they are available (see clause 4 above), the Seller will make its best efforts so that, except in cases of exceptional circumstances, the products included in a Shipping Confirmation are delivered to the user within the announced deadline, or if there is no indication of the same, within 15 days from the date of the Order Receipt Confirmation.
Possible reasons for the delay include:
The customer did not provide a contact number – this field is mandatory, as imposed by carriers
Specialized products;
Unforeseen circumstances;
Delivery area;
Wrong or incomplete delivery address
If, for any reason, the Seller is unable to deliver on the scheduled date, the user will have the option of keeping the order, by extending the delivery period, or canceling it for a full refund. The user must bear in mind that, in any case, the Seller does not deliver on Saturdays or Sundays.
For the purposes of these Terms, a "delivery" is considered to have been made or a product is considered to be "delivered" with the signature of the delivery receipt at the agreed address.
8. RISKS AND PROPERTY
From the moment of delivery, the risks relating to the product supplied will be borne by the user.
Ownership of the products supplied will only be transferred to the user when the Seller has received full payment of the amounts due for the supply of the product, including delivery costs, or after delivery, whichever happens last.
9. PRICE AND PAYMENT
Except in the case of an obvious error, the price of the products will be as indicated at any time on our website. Although the Seller seeks to ensure that all prices indicated on the website are correct, errors may occur. If the Seller finds that the price of a product included in an order is incorrect, it will inform the user as soon as possible, giving the user the possibility to choose between reconfirming the order at the correct price or canceling it. If it is impossible to contact the user, the order will be canceled and the user will be refunded the full amount of the order, if they have already paid.
The Seller will have no obligation to supply any product at an incorrect (if lower) price, even if a Shipping Confirmation has already been issued, if the error is obvious, unambiguous and should have been identified by the user under reasonable circumstances.
The prices indicated on this website are inclusive of VAT (where applicable), but do not include delivery costs, which will be communicated and added to the final price.
We reserve the right to refuse orders depending on their size or value. All available prices and quantities are subject to change at any time, but, except as stated above, this change will not affect orders for which a Shipping Confirmation has already been issued.
When the user has completed their orders, all the products they wish to purchase will be placed in their shopping cart, the next step will be to select the delivery method and make payment. For this purpose you must:
Click on "PROCEED ORDER"
Fill in or confirm the data relating to your contacts, your order, billing address, shipping address, transport and payment method.
Press the “PROCEED PAYMENT” button
Press the “CONFIRM ORDER PAYMENT” button
You can make payment with Visa and MasterCard cards or through a Paypal account. The Seller uses PayPal Business Services and Santander to process payments via credit card. Check the companies' websites to learn more about their services: https://www.paypal.com and https://www.santander.pt
When making the payment, the user is confirming that they are the card or PayPal account holder, the authorized amount will be debited at that time.
Credit cards are subject to validation and authorization checks by the issuing entities, but if the card issuer does not authorize payment, the Seller will not be held responsible for any delay or lack of delivery and may not enter into the Contract with the user.
10. VALUE ADDED TAX
In accordance with current rules and regulations, purchases made through this website are subject to Value Added Tax (VAT).
Sales prices to the public, whether for an individual or a company, include Value Added Tax (VAT).
11. GUARANTEE OF CONFORMITY OF GOODS
In case of lack of conformity of the good with the contract, the user has the right to have it replaced free of charge, through repair or replacement, an appropriate price reduction or termination of the contract, within a maximum period of 30 days.
The user may exercise the rights provided for in the previous paragraph, when the lack of conformity manifests itself within a period of two days from the delivery of the good.
12. RETURN CONDITIONS
General rule for returns
If the user wishes to return a product purchased under the terms set out in this document, they must send an email to shop@surfandlifestyle.pt, expressly requesting the return.
The user must return the product in the same packaging used in the first delivery. Whenever possible, the user must accompany the product to be returned with all original boxes, labels, documents and original packaging materials. The Seller will inspect the returned product. Any product that has been damaged, that is not in the same condition in which the user received it or that shows signs of use beyond simply opening the packaging, does not grant the right to terminate the contract and refund.
Return of defective products
If the user understands that the product supplied, upon delivery, does not comply with the provisions of the Contract, he or she must promptly contact the Seller via email at shop@surfandlifestyle.pt, informing him of the condition of the product and its defects.
The Seller will inspect the returned product and inform the user of the right to replacement or refund (if applicable), via email, within a reasonable period of time. The Seller, as a rule, proceeds with the refund or replacement as soon as possible and, in any case, within 14 days from the date of confirmation via email that the user is entitled to a refund or replacement of the defective product. Products returned by the user due to a defect, if confirmed, will be refunded the full amount paid, including delivery costs and return costs. The refund of any amount paid will always be made via the payment method used to purchase the product.
Reimbursement
The refund will take place as soon as possible, on average 4 working days after receipt of the returned items in our warehouse (in any case, within 14 days from the date of receipt of the items in our warehouse). The refund of any amount will always be made using the same payment method used when purchasing the product.
These provisions do not prejudice any user rights that result directly from the law.
13. RIGHT TO FREE RESOLUTION
MY FAVORITE SPORTS, LDA. informs that, to enable the consumer to exercise the Right of Withdrawal, the user must expressly inform this withdrawal request in writing via email to shop@surfandlifestyle.pt.
The user has the right to freely terminate this contract within 14 calendar days, without needing to indicate any reason. (except in the case of products made to your specification or personalized).
The period for exercising the right of free resolution expires 14 days from the day following the day on which you acquire or a third party indicated by you, other than the carrier, acquires physical possession of the goods.
In order to exercise your right of free termination, you must communicate to us, MY FAVORITE SPORTS, LDA., via email shop@surfandlifestyle.pt, your decision to terminate this contract by means of an unequivocal statement (by example, letter sent by post, fax or email). You can use the resolution form template, but it is not mandatory.
For the free resolution period to be respected, it is sufficient that your communication regarding the exercise of the right to free resolution is sent before the end of the resolution period.
Effects of free resolution
In the event of termination of this contract, you will be refunded all payments made, excluding delivery costs, without undue delay and, in any case, no later than 14 days from the date on which we are informed of your decision. termination of this contract. We make these refunds using the same payment method that you used in the initial transaction, unless you expressly agree otherwise; in any case, you will not incur any costs as a consequence of such reimbursement.
We may withhold reimbursement until we have received the returned goods, or until you provide proof of dispatch of the goods, whichever comes first.
You must return or hand over the goods without undue delay and no later than 14 days from the day on which you inform us of the free termination of the contract. It is considered that the deadline has been respected if you return the goods before the end of the 14-day period.
You must bear the direct costs of returning the goods.
It is only responsible for the depreciation of assets resulting from manipulation that exceeds what is necessary to verify the nature, characteristics and functioning of the assets.
The user must return the product in the same packaging used in the first delivery. The user must accompany the product to be returned with all original boxes, labels and packaging materials. The Seller will inspect the returned product. Any product that has been damaged, that is not in the same condition in which the user received it or that shows signs of use beyond simply opening the packaging, does not grant the right to terminate the contract and refund.
14. PRIVACY POLICY
The Seller respects your privacy. Any and all information collected on the website will be kept confidential and will not be sold, provided or reused by third parties without your authorization. Any information provided to us will be treated with care and used for the sole purpose of executing your order and improving your experience on our website. – See Complete Privacy Policy.
15. INTELLECTUAL PROPERTY
The user acknowledges and accepts that all intellectual property rights relating to any and all materials and content that form part of this website remain at all times the property of the Seller or its licensors. The user is permitted to use said material only to the extent expressly authorized by the Seller or its licensors. This does not prevent the user from using this website to obtain a copy of an order or the terms of the Contract.
16. WRITTEN COMMUNICATIONS
Applicable legislation requires that some of the information or communications that the Seller sends to users be in written form. By using this website, the user accepts that communication between him and the Seller is mainly electronic. The Seller will contact the user by email or provide information by placing notices on this website. For contractual purposes, you accept this means of communication electronically and acknowledge that any contracts, notices, information and other communications that the Seller transmits to you electronically satisfy the legal requirement that such communications be made in writing. This provision does not prejudice any user rights that result directly from the law.
17. COMMUNICATIONS
All communications from the user to the Seller must be sent via the email addresses referred to in this document. Without prejudice to the provisions of clause 16, the Seller may communicate with the user either by email or by post to the address contained in the order.
To prove that a communication has been sent, in the case of postal sending, it is sufficient to prove that the respective letter was correctly addressed, sealed and delivered to the post office and, in the case of sending by email, that the same email was sent to the address email address indicated by the user.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
The Agreement between the Seller and you binds the parties and their respective successors and assigns.
The user may not transfer, assign or encumber their contractual position, or by any other means dispose of the Contract or any rights or obligations arising therefrom, without the Seller's prior written consent.
The Seller may transfer, assign or encumber its contractual position, sub-contract or by any other means dispose of the Contract or any rights or obligations arising therefrom, at any time during its term. However, no transfer, assignment or encumbrance of such position, or act of disposition of the contract, may have the effect of limiting the user's legal rights as a consumer or reducing, or limiting in any way, any guarantee provided by the Seller to the user of expressed or implied.
19. EVENTS OUTSIDE THE SELLER’S CONTROL
The Seller will not be responsible for failure to perform, or delay in performance, any obligation arising under the Contract that is due to an event beyond its reasonable control ("Force Majeure Event").
A Force Majeure Event comprises any event, act or omission, beyond the reasonable control of the Seller and includes, in particular (but not exclusively), the following:
Strikes, lock-outs and other labor actions
Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of war preparations.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of using rail, sea, air, road transport or other public or private means of transport.
Impossibility of using public or private telecommunications networks.
Government laws, decrees, regulations or restrictions.
Any strikes, interruptions or accidents affecting relevant postal or transport services.
The Seller's obligation to comply with any Contract will be suspended for the duration of a Force Majeure Event and will give rise to an extension of the respective period equivalent to that duration. The Seller will make reasonable efforts to put an end to a Force Majeure Event, or to find a solution that allows it to fulfill its contractual obligations despite the existence of a Force Majeure Event.
20. WAIVER
If the Seller, at any time during the term of the Contract, refrains from demanding strict compliance with any obligation arising from the User under the Contract or these Terms, or from exercising any right or faculty provided for therein to put an end to such non-compliance, This will not constitute a waiver of these rights and powers and will not exempt the user from fulfilling their obligations.
The Seller's waiver of the exercise of any right or authority, in the event of a specific situation of user default, does not mean a waiver of rights or powers in the event of a subsequent situation of default.
The Seller's waiver of any right resulting from the Contract or these Terms will only be effective if it appears in a written communication sent to the user in the manner provided for in the Communications clause, where the Seller expressly states that he or she renounces it.
21. REDUCTION
The declaration of invalidity, illegality or ineffectiveness, by a competent authority, of any of the provisions of these Terms & Conditions will not affect any of the remaining provisions, which will remain in full force.
22. ENTIRE AGREEMENT
These Terms and any document referred to in them constitute the entire agreement established between the parties regarding the formation of a Contract and prevail over any previous agreement, understanding or combination, in written or oral form.
Both parties acknowledge that, when entering into the Contract, neither of them based their respective motivation on a statement, commitment or promise made by the other, or that could be considered implicit in something that had been said or written in negotiations that took place between the parties at a time. prior to the conclusion of the Contract, unless otherwise stated in these Terms.
Neither party may take advantage of the fact that the other has made an untrue statement, whether oral or in writing, prior to the conclusion of a Contract (except when such statement was made fraudulently) and may only rely on the rules on non-compliance. contractual terms resulting from these Terms.
These Terms and any document referred to in them constitute the entire agreement established between the parties regarding the formation of a Contract and prevail over any previous agreement, understanding or combination, in written or oral form.
Both parties acknowledge that, when entering into the Contract, neither of them based their respective motivation on a statement, commitment or promise made by the other, or that could be considered implicit in something that had been said or written in negotiations that took place between the parties at a time. prior to the conclusion of the Contract, unless otherwise stated in these Terms.
Neither party may take advantage of the fact that the other has made an untrue statement, whether oral or in writing, prior to the conclusion of a Contract (except when such statement was made fraudulently) and may only rely on the rules on non-compliance. contractual terms resulting from these Terms.
23. AMENDMENT OF THE TERMS OF SERVICE BY THE SELLER
The Seller has the right to change these Terms of Service at any time. The user is subject to the principles and terms in force at the date of their order, unless the law or competent authority imposes any changes to them (and such changes are applicable to orders already placed).
24. APPLICABLE LAW AND JURISDICTION
Contracts for the purchase and sale of products through this website are regulated by Portuguese Law. Any dispute arising from or related to these Agreements is subject to the non-exclusive jurisdiction of the Portuguese courts. The provisions of this clause do not prevail over any legal rights of the user as a consumer.
25. ALTERNATIVE DISPUTE RESOLUTION
In the event of a consumer dispute, the consumer can appeal to a Consumer Dispute Resolution Entity:
CIMAAL - Center for Information, Mediation and Arbitration of Consumer Conflicts in the Algarve Edifício Ninho de Empresas - Estrada da Penha 8005-131 Faro
www.consumidoronline.pt
CNIACC - National Center for Information and Arbitration of Consumer Conflicts Faculty of Law of Universidade Nova de Lisboa - Campolide Campus
www.arbitragemdeconsumo.org
Consumer Dispute Arbitration Center of the District of Coimbra Av. Fernão Magalhães, n.º 240, 1º 3000-172 Coimbra
www.centrodearbitragemdecoimbra.com
Lisbon Consumer Dispute Arbitration Center Rua dos Douradores, 116, 2º 1100-207 Lisbon
www.centroarbitragemlisboa.pt
Contracts concluded in the Autonomous Region of Madeira Rua da Figueira Preta, n.º 10, 3rd floor 9050-014 Funchal
centroarbitragem.sras@gov-madeira.pt
Porto Consumer Information and Arbitration Center Rua Damião de Góis, 31 – Loja 6 4050-225 Porto
www.cicap.pt
Consumer Dispute Arbitration Center of Vale do Ave Rua Capitão Alfredo Guimarães, n.º 1 4800-019 Guimarães
www.triave.pt
Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court):
BRAGA: Rua D Afonso Henriques, nº 1 (Ed Junta de Freguesia da Sé) - 4700 - 030 Braga
VIANA DO CASTELO: Av Rocha Paris, nº 103 (Vila Rosa Building) 4900 - 394 Viana do Castelo
In the event of an online consumer dispute, the consumer can resort to an “online” dispute resolution system (RLL), the ODR Platform ("online dispute resolution"), with competence to resolve disputes relating to the resulting contractual obligations of sales contracts or online services. You can access the Electronic Platform for Alternative Dispute Resolution in Contracts concluded Remotely.
For Complaints and Complaints – geral@surfactory.pt
More information on the Consumer Portal - www.consumidor.gov.pt
26. COMMENTS
The Seller welcomes users' comments and opinions. Please send them to our email: geral@surfactory.pt
For any contact:
Call to Portugal mobile network:+351 938 114 545
Address: Travessa do Navega, 436H - 3885-183 Arada - Ovar – Portugal
Email: geral@surfactory.pt
Website: www.surfactory.pt
Shop: www.surfandlifestyle.pt
27. PAYMENT METHODS
Visa and Mastercard Credit Card
To make a purchase this way, you must provide the following details about your card: the card number, the expiration date, the three-digit security code (present on the back of the card) and the name associated with the card. After communication and validation by the bank, the order will be processed and sent.
Your order and card data will be sent, duly encrypted, to the bank on the date of your order using the highest security standards stipulated by the PCI (Payment Card Industry), which aims to protect cardholder data. in web applications. All information transmitted is encrypted (SSL protocol).
PayPal
To make payment this way, you must have or create a Paypal account. When selecting this payment method, you will be redirected to the Paypal page where you must log in or create an account to confirm the payment. Upon confirming payment, your order will be registered and ready to be processed and shipped.