TERMS AND CONDITIONS OF SALE

PREAMBLE

These General Terms and Conditions of Sale are entered into between Orlando Pereira, Tax Identification Number (NIF) 222 454 237, with its registered address at Caminho da Piedade no18, 9370-412 Calheta, Portugal, email orlandomendespereira@gmail.com, owner of the website https://madeirasurfboardrental.pt, and any person wishing to make purchases through the Online Store, hereinafter referred to as the “User”.

The Parties agree that all purchases made through the Online Store shall be governed exclusively by these Terms and Conditions of Sale, to the exclusion of any other conditions previously available on the Online Store.

ARTICLE 1. PURPOSE

  1. These General Terms and Conditions of Sale aim to provide and define all the necessary information for the User regarding the ordering, sale, payment and delivery procedures applicable to purchases made through the Online Store.

  2. These Terms govern all the steps required to place an order and ensure the proper processing of that order between the Contracting Parties.

ARTICLE 2. ORDERS AND INVOICING

  1. The User places an order by completing the purchase process available on the Online Store, adding the product(s) and/or service(s) they wish to purchase to the shopping cart.

To submit an order, the User must:

a) Register on the Online Store by providing the requested information;

b) Log in using the email address and password chosen during registration;

c) Complete all required information and select the available options during the checkout process, including the delivery address, billing address, shipping method, payment method, Tax Identification Number (if applicable), and the name to appear on the invoice for tax purposes.

The User’s final confirmation of the order constitutes full and unconditional acceptance of the prices, product descriptions and these General Terms and Conditions of Sale, which shall be the only terms applicable to the contract concluded.

The Online Store shall fulfil orders received online only while stocks last. In the event that a product becomes unavailable, the Online Store undertakes to inform the User as soon as reasonably possible.

The information provided for invoicing purposes is the sole responsibility of the User. The invoice is issued immediately after payment and, once issued, cannot be amended or reissued with changes.

Orders remain valid for two (2) days, unless submitted under a promotional campaign establishing a different validity period. Prices, discounts, promotions and special offers cannot be guaranteed after this period. If payment is not received within the stated deadline, the order cannot be validated. Any payment received after this deadline will either be refunded or applied to a new order.

ARTICLE 3. PAYMENT

The following payment methods are accepted:

  • Viva Wallet

ARTICLE 4. PRICES

All prices are displayed in Euros (€) and include all applicable taxes and VAT at the legal rate in force on the payment date.

Should the price of any product increase before the order is completed, the User will be informed immediately and may choose either to proceed with the purchase by paying the price difference or to cancel the order.

Whenever a product is sold at a reduced price, the Online Store shall clearly indicate the type of sale (sales, promotion or clearance), the products concerned, the percentage of the discount, the start date, the duration of the offer and, where legally required, the communication of such campaign to the competent authorities.

ARTICLE 5. DELIVERY AND SHIPPING INFORMATION

  1. Orders are delivered by CTT (Portuguese Postal Service) or another equivalent courier company.

  2. Shipping costs are added to the order according to the applicable shipping rate table. These costs are calculated and displayed during the checkout process before the User confirms the purchase.

  3. The Online Store ships to all countries within the European Union, as well as to other regions worldwide.

ARTICLE 6. COMPLAINTS

In the event of a dispute, the consumer may resort to Alternative Dispute Resolution (ADR) through the Arbitration Centre (see the “Dispute Resolution” section of the Online Store) and/or submit a complaint through the Electronic Complaints Book (see the “Complaints Book” section of the Online Store).

ARTICLE 7. RIGHT OF WITHDRAWAL

The User has the right to withdraw from this contract within 14 calendar days, without giving any reason, in accordance with Portuguese legislation.

The withdrawal period expires 14 days from the day following the day on which the User, or a third party indicated by the User (other than the carrier), acquires physical possession of the goods.

To exercise the right of withdrawal, the User must notify the Online Store of the decision to withdraw from the purchase by sending a registered letter with acknowledgement of receipt or by email to the address specified in the Preamble.

To meet the withdrawal deadline, it is sufficient for the User to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

If the contract is withdrawn from, the User will be refunded all payments made, excluding the costs of returning the goods, which shall be borne by the consumer.

The refund will be made without undue delay and no later than 14 days from the date on which the Online Store is informed of the User’s decision to withdraw, provided that the returned product is received in perfect condition, including its presentation and preservation.

Whenever possible, the refund will be made using the same payment method used for the original transaction, and the User will not incur any fees as a result of the reimbursement.

ARTICLE 8. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with Article 17 of Decree-Law No. 24/2014 of 14 February, unless otherwise agreed by the Parties, the right of withdrawal does not apply in the following cases:

a) The supply of services where:

    i) The services have been fully performed after the consumer has given prior express consent, as provided for in Article 15; and

    ii) The consumer has acknowledged that they lose the right of withdrawal once the contract has been fully performed by the trader.

b) The supply of goods or services whose price depends on fluctuations in the financial market which cannot be controlled by the supplier and which may occur during the withdrawal period.

c) The supply of goods made to the consumer’s specifications or clearly personalised.

d) The supply of goods which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.

e) The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.

f) The supply of goods which, after delivery, become inseparably mixed with other items by their nature.

g) The supply of alcoholic beverages whose price was agreed at the time of the conclusion of the sales contract, whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the trader’s control.

h) The supply of sealed audio or video recordings or sealed computer software which have been unsealed by the consumer after delivery.

i) The supply of newspapers, periodicals or magazines, except for subscription contracts.

j) Contracts concluded at a public auction.

k) The supply of accommodation for purposes other than residential use, the transport of goods, car rental services, catering services or leisure services where the contract provides for a specific date or period of performance.

l) The supply of digital content not supplied on a tangible medium where:

    i) Performance has begun with the consumer’s prior express consent; and

    ii) The consumer has acknowledged that such consent results in the loss of the right of withdrawal.

m) Repair or maintenance services carried out at the consumer’s home at the consumer’s request.

In the case of the contracts referred to in paragraph (m), the right of withdrawal shall apply only to services provided beyond those specifically requested by the consumer or to goods supplied other than the replacement parts strictly necessary to carry out the repair or maintenance.

ARTICLE 9. EXCHANGE AND RETURN POLICY

All products purchased through the Online Store may be returned and refunded, provided that the customer informs the Online Store of their intention to do so within 14 days of receiving the goods. Returned items must not have been used and must be in the same condition in which they were delivered, including the original packaging and all original labels. Whenever possible, the return should be sent in the same box in which it was originally delivered.

If the customer wishes to exchange an item, the original item must first be returned by registered mail. Once the return has been completed, a new purchase should be placed for the desired item.

The costs associated with exchanges or returns shall be borne by the customer, unless the return results from an error on the part of the Online Store.

Items purchased during sales, promotional campaigns, or clearance events are not eligible for exchange or return. Likewise, themed products (such as Christmas, Halloween or similar seasonal items) cannot be exchanged or returned.

Upon delivery, the customer must verify that the order is in good condition and has not been damaged during transport. If any damage or irregularity is detected, it must be reported immediately to the courier at the time of delivery, and the customer must also inform the Online Store by email, describing all identified issues in a single message. Failure to do so may prevent the Online Store from accepting the exchange or issuing a refund.

If the reason for the return is the responsibility of the Online Store (for example, a damaged item or an incorrect product supplied), the return shipping costs will be covered by the Online Store. In such cases, the customer has up to 30 days to return the item.

If the return is for any other reason (for example, the customer no longer wants the product), the customer shall bear all return shipping costs.

To request a return or exchange, the customer must notify the Online Store by email, using the address indicated in the Preamble, stating the reason for the exchange or return.

Within a maximum period of 14 days, the Online Store will inspect the returned item and notify the customer whether they are entitled to a refund or whether a replacement product will be sent.

If the return is approved, the customer will be reimbursed in full for the amount paid, including the original delivery costs and, where applicable, the return shipping costs.

ARTICLE 10. WARRANTY

The Online Store complies with the statutory three-year legal guarantee of conformity applicable to all goods sold, starting from the date on which the consumer acquires physical possession of the goods, unless such period is incompatible with the nature of the goods or with the specific lack of conformity concerned.

ARTICLE 11. PRIVACY POLICY

Your personal data is processed in accordance with the applicable legislation on the protection of personal data and with the Privacy Policy published on the Online Store.

Providing your personal data is voluntary. In accordance with applicable law, you are guaranteed the right to access, rectify, update or erase any personal data relating to you. These rights may be exercised either in person or in writing by contacting the address provided in the Preamble. All requests must be submitted using the contact details and procedures described in Section 1 of this Privacy Policy.

Additionally, the data subject may, at any time, lodge a complaint with the competent supervisory authority whenever they consider it necessary.