General conditions of Sale
1. SCOPE AND OBJECT
These General Conditions apply to visitors to this website and are intended to regulate the terms and conditions governing the provision of the Online Store ("Service" or "Online Store") by Cork Padel CKPD - Material and Activities, Sports, headquartered at Travessa da Charneca do Algar de Água, nº111, 2495-405 Fátima under the unique registration and identification number of legal person nº 514590513, hereinafter referred to as "CORK PADEL".
The Service consists of providing access to the Online Store through the address http://corkpadel.com which, in addition to providing information on a set of products and / or services, allows the User, by electronic means, to order the products on it disclosed, under the terms and conditions described herein.
The ordering of products must be made by Users aged 18 (eighteen) years or older (individuals under the age of 18 must have authorization from their legal representatives). The elements and information transmitted by the User will enjoy full legal effects, the User recognizing the electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.
Navigation on the website, as well as the purchase of any product in the virtual store, implies the acceptance of these General Conditions by the User.
CORK PADEL reserves the right to change these General Conditions without prior notice, any changes being published on the website.
2. INFORMATION ABOUT PRODUCTS, PRICES, BILLING AND PAYMENT
CORK PADEL takes into account the information related to the essential characteristics of the products through technical descriptions shared by its suppliers or by third parties, of photos and videos that illustrate the products marketed, in strict respect for the best standards of the market, transmitting them clearly to your customers on the page of each product and / or service you offer.
CORK PADEL will do everything possible so that the information presented does not contain typographical errors, and will be quickly corrected whenever they occur. If you purchase a product that has different characteristics to those presented online, you have the right to terminate the purchase contract under the applicable legal terms.
CORK PADEL will do everything possible to ship all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by CORK PADEL, such as human errors or incidents in the computer systems, it is not possible to make available any of the ordered products. by the User. If any product is not available after placing the order, you will be notified by email or telephone.
At that time, you will be presented with the possibility to cancel the order with the respective refund, if you have already made the respective payment.
All information on prices, products, specifications, promotional actions and services may be changed at any time by CORK PADEL.
2. PRICES, BILLING AND PAYMENT
CORK PADEL makes available on its website, clearly, the total price of each good or service, including taxes and fees, additional transport charges, postal or delivery charges or any other charges that may apply.
CORK PADEL cannot be held responsible in the event of an error in computer, manual, technical, or any other source, which causes a substantial change not foreseen in the sale price to the public on the website, so in cases where if it is exorbitant or manifestly insignificant, the purchase order will be considered invalid and canceled and the Customer will be informed of this fact.
The prices and products available on the website, coincide with those practiced in physical stores.
3. MEANS OF PAYMENT
For the convenience of the User, CORK PADEL makes available on the website the following means of payment for products and / or services:
- Visa, MasterCard or American Express cards;
- MB Way
3.1. All products and services sold in this Online Store are in accordance with Portuguese law.
3.2. The Store has adequate security levels, however CORK PADEL will not be responsible for any losses suffered by the User and / or by third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond their control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, by the modems, by the connection software or any computer viruses or resulting from the download (“download”) through the infected files service or containing viruses or other properties that may affect the User's equipment.
If for any reason of error in accessing the Online Store website, it is impossible to provide a service, CORK PADEL will not be responsible for any losses.
3.3. The consultations of data and information carried out within the scope of this Service, are presumed to have been carried out by the User, exempting CORK PADEL from any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4. A CORK PADEL will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to you as a fraud or serious fault.
3.5. CORK PADEL is not responsible for the damages or damages resulting from the non-fulfillment or defective performance of the Service when it is not directly or indirectly attributable by way of intent or serious fault, not being responsible in particular for (i) errors, omissions or other inaccuracies related to information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) for non-compliance or defective compliance that results from compliance with judicial decisions or administrative authorities or (iv) for non-compliance or defective compliance that results the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to CORK PADEL and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions , strikes, earthquakes, floods or other natural cataclysms or other situations not controlled by CORK PADEL that prevent or hinder the fulfillment of the assumed obligations.
3.6. CORK PADEL does not guarantee that:
1. the Service is provided uninterruptedly, is safe, without errors or works in an infinite way;
2. the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User in relation to it;
3. any material obtained in any way through the use of the Service is used at the User's own risk and risk, who is solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from that operation;
4. no advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.
3.7. The User accepts that CORK PADEL cannot in any way be held responsible for any damage, including, but not limited to, damages for losses of profits, data, content, or any other losses (even if previously notified by the User about the possibility of the occurrence of such damages), resulting from:
i) the use or inability to use the Service;
ii) the difficulty of obtaining any substitute for goods / services;
iii) unauthorized access or modification to personal databases.
4.1.The User undertakes to:
i) Provide personal data and correct addresses;
ii) Do not use false identities;
iii) Respect the order limits imposed.
4.2. If any of the data is incorrect, that is, insufficient, and for that reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the User, and CORK PADEL is exempt from any responsibility. In the event that the consumer breaches any of these obligations, CORK PADEL reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by CORK PADEL to the same User; and, still, not allow the future access of the User to any or any services made available by CORK PADEL.
4.3. It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purpose of reselling goods.
5. PRIVACY AND PROTECTION OF PERSONAL DATA
5.1. CORK PADEL guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified on the order form as mandatory supply are indispensable for the provision of the Service by CORK PADEL. The omission or inaccuracy of the data provided by the User is his sole and entire responsibility and may give rise to the refusal to provide the Service by CORK PADEL.
5.3. The User's personal data will be processed and stored by computer and are intended to be used by CORK PADEL within the scope of the contractual and / or commercial relationship with the User and, in case of launching new products.
5.4. Under the terms of the current legislation on the protection of personal data, the User is guaranteed, without additional charges, the right to access, rectify, erase their personal data, oppose their use, limit the processing and portability of their data, for the purposes of purposes foreseen in the previous number, and for this purpose you should send your request to [email protected]
5.5. CORK PADEL respects the privacy of the User and the protection of his personal data. Any and all information collected on the website will be kept confidential and will not be given to third parties without the user's express prior consent.
6. CANCELLATION OF ORDERS
6.1. At the request of the User
At the request of the User
The User may cancel his order by requesting it from CORK PADEL through the telephone number or e-mail referring the order number, which will be accepted as long as the order has not yet been processed. After its processing, CORK PADEL will try to deliver it, but the User has the option of not accepting it. For the purpose of cancellation, the User must indicate the following data to CORK PADEL:
a) Order number;
b) TIN with which you placed the order and delivery address.
6.2. By decision of CORK PADEL
CORK PADEL reserves the right not to process orders when it finds any inconsistency in the personal data presented or observes misconduct on the part of the buyer. CORK PADEL reserves the right not to process any order or refund, in the event of errors in the values and / or characteristics of the products, when these arise from technical problems or errors beyond CORK PADEL.
7. RIGHT OF RESOLUTION
7.1. The User, in the case of being a consumer, can exercise the right of withdrawal without being required any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the property.
To exercise this right, the User may use the draft indicated below, and must indicate all his identification data, the subscribed service he intends to resolve and the subscription date. The communication must be made, by letter, through the return of the acquired asset, or by another appropriate and susceptible means of proof within the period defined above.
The consumer must, within 14 (fourteen) days from the date of the communication of the resolution, return the goods to CORK PADEL in the proper conditions of use.
A. INFORMATION FORM ON THE RIGHT OF FREE RESOLUTION
Right of free withdrawal
The consumer has the right to freely terminate this contract within 14 calendar days, without the need to indicate any reason.
The period for exercising the right of free withdrawal expires 14 days from the day following the day "on which you acquire (or a third party appointed by you, other than the carrier) physical possession of the goods".
In order to exercise your right of free withdrawal, you must communicate to us at [email protected] your decision to terminate this contract by entering your name, geographical address and contact details. For the free resolution period to be respected, it is enough that your communication regarding the exercise of the right of free resolution is sent before the end of the resolution period.
Effects of free resolution
In case of termination of this contract, you will be refunded all payments made, including delivery costs (with the exception of extra costs resulting from your choice of a shipping method other than the least expensive normal shipping method offered by us) ), without undue delay and, in any case, no later than 14 days from the date on which we are informed of your decision to terminate this contract. We make these refunds using the same payment method you used for the initial transaction, unless expressly agreed otherwise by you; in any case, it does not incur any costs as a result of such reimbursement. In the case of a purchase and sale contract in which you have not offered to collect the goods in the event of free settlement, insert the following: "We can withhold the refund until we have received the returned goods."
If the consumer has received goods under the contract "You must return the goods or deliver them or to ... [insert the name of the person and the geographical address, if applicable, of the person who authorizes the receipt the goods], without undue delay and no later than 14 days from the day you inform us of the free termination of the contract. The deadline is deemed to be respected if the goods are returned before the expiry of the 14-day period. " "You must bear the direct costs of returning the goods.",
B. Free resolution form template
(you must complete and return this form only if you want to terminate the contract)
To [insert here the name, the geographical address and, if necessary, the fax number and the email address of the professional]:
By this communication / we communicate (*) that I am resolving / we are resolving (*) of my / our (*) purchase and sale contract relating to the following asset / for the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of consumer (s)
- Signature of the consumer (s) (only if this form is notified on paper)
(*) Strike out what does not apply
If the User chooses other forms of return, the respective shipping costs will be his responsibility.Technical Settings
7.2. Upon receipt of the return at CORK PADEL, the User will be refunded the amount corresponding to the amount paid for the order (value of the sales invoice). If you have used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.
7.3. The method of refunding the amount to be returned depends on the payment method used in the respective order. In the case of payments with a credit card, it is credited to the respective account. In the remaining cases, when NIB information is provided, the refund is made to the indicated bank account. The reimbursement is made up to 14 (fourteen) days after receiving the free will resolution and receiving the return of the asset.
7.4. In the absence of any of the components of the item sold or, if any of them are not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the initial shipping address.
8. Manufacturing defect
8.1. In case of "manufacturing defect", that is, when malfunctions are detected in the equipment that, in principle, does not fall within the scope of the respective warranty, the User must return the equipment, together with a copy of the invoice and the form "Order Exchange / Return of Equipment ”completed, within a maximum period of 30 consecutive days from the date of the invoice, to the following address: CORK PADEL - Travessa da Charneca do Algar de Água, nº111, 2495-405 Fátima
If the user chooses other forms of return, the respective shipping costs will be his responsibility.
8.2. In order for the product to be exchanged, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories) containing all the components that constitute it, in excellent condition.
8.3. In the absence of any of the elements mentioned above, or if any of the components are not in excellent condition, there will be no exchange, and the product will be sent back to the User.
9.1. The products have a warranty period defined by the manufacturer, which, under legal terms, is at least 2 (two) years. This period is considered from the date of the invoice and can only be exercised upon presentation of proof of purchase (invoice).
9.2. Products that have passed the period defined by the manufacturer or have defects caused by abnormal wear, bad weather, electrical discharges, negligence or accidents, mishandling, infiltration of moisture / liquids, use of non-original accessories and interventions are considered out of warranty conditions. unauthorized personnel.
9.3. If the product is damaged, and if it is covered by the guarantee, the User can go with the same, and respective proof of purchase to CORK PADEL - Travessa da Charneca do Algar de Água, nº111, 2495-405 Fátima in order to be evaluated and replaced if applicable.
10. Intellectual Property
10.1. The Online Store is a registered website and the Service provided by the website itself is the responsibility of CORK PADEL.
10.2. The User acknowledges that the Service contains confidential information and is protected by Copyright and Related Rights, industrial property and other applicable legislation.
10.3. The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws regarding industrial property and other property protection laws, therefore any use of such content may only take place under the express authorization of the respective owners.
10.4. The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws regarding industrial property and other property protection laws, therefore any use of such content may only take place under the express authorization of the respective owners.
11. Service Security Conditions
11.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illicit or offensive acts of good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation. applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of CORK PADEL suspending or deactivating the Service under the terms set out in point 14.
11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by several users, and as such, subject to computer overloads, therefore CORK PADEL does not guarantee the provision of the Service without interruptions, loss of information or delays.
11.3. CORK PADEL also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, external to CORK PADEL and which cannot be controlled by it).
11.4. In the event of interruption due to unforeseeable overload of the systems on which it is supported, CORK PADEL undertakes to regularize its operation as soon as possible.
12. Suspension and deactivation of the Service / Store
12.1. Regardless of any prior or subsequent communication, CORK PADEL may, at any time, and in its sole discretion, discontinue the provision of the Service and / or part of the Service to one or all Users.
12.2. CORK PADEL further reserves the right to suspend or terminate access to the Service immediately, in the following cases:
a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When CORK PADEL ceases access to the Store, upon prior notice of 15 (fifteen) days prior to the date of termination.
12.3. The suspension or termination of the Service by CORK PADEL, under the terms of the previous numbers, does not matter the right of the User or third parties to any indemnity or other compensation, and CORK PADEL cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, cancellation, cancellation of the Service.
12.4. In the situations described above, CORK PADEL will inform the User, previously so that he can, if he wishes, to safeguard the contents of his order viewing area within 3 (three) working days from the sending of the e-mail or availability of information on the Service's main page.
13. Promotional communications
13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that relate to the Service, including any changes to these General Conditions, may be made to the User's email address, by SMS or telephone contact.
13.2. The User agrees to receive any and all communication and / or notification related to the Online Store, to the address, contact telephone number and / or email address (“email”) indicated in the ordering process.
14.1. Without prejudice to the provisions of the following number, CORK PADEL may change the Service and / or the technical conditions for providing it, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) days in advance .
14.2.The version at all times in force of these General Conditions and its annexes is available on the website.
15.1. Whenever CORK PADEL deems it necessary or convenient to optimize the browsing experience and / or improve the connectivity conditions, it can remotely reformulate the network settings.
15.2. Without prejudice to the provisions of the following numbers, and taking into account the innovative nature of the Service and the technological developments to which it may be subject, CORK PADEL may change its technical configurations whenever it proves convenient to adapt it to eventual technological developments.
15.3. CORK PADEL does not guarantee the User to carry out any upgrades or improvements in the Service.
15.4. Some upgrades or new features of the Service may be available only against payment from the User and / or subscription, by the same, of Specific Conditions of use.
16.1. The User can submit any contractual conflicts, to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to CORK PADEL of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
16.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, being registered in the information systems of CORK PADEL that must decide the complaint and notify the interested party within a maximum period of 30 (thirty ) days from the date of receipt.
16.3. For complaints and complaints regarding purchases made, you can contact CORK PADEL by emailing [email protected]orkpadel.com. For more information, see the website of the Directorate-General for Consumers, at www.consumidor.pt.
17. Alternative dispute resolution
In the case of disputes initiated by a consumer against a supplier of goods or service provider concerning contractual obligations resulting from contracts for the purchase and sale or provision of services, concluded between the supplier of goods established and consumers residing in Portugal and in European Union, the consumer can resort to a Consumer Dispute Resolution Entity (under the terms of article 18 of Law no. 144/2015, of 8 September).
In case of national and cross-border consumer disputes, within the scope of online, the consumer can resort to the European Consumer Center through the ODR Platform (“online dispute resolution”), with competence to resolve disputes related to contractual obligations resulting from sales contracts or online services.
18. Applicable legislation
All purchases made on this website are subject to Portuguese law. Any conflict or divergence in the interpretation of these General Conditions will be submitted to the Lisbon District Court.
The present General Conditions were updated on 03/03/2021