General Terms and Conditions of Sale
The General Conditions presented are intended to define the modalities of offer, order or sale between Nautica Veloz, Lda. (Hereinafter referred to as Portugal Foils in subsequent mentions throughout these General Terms and Conditions) and the customer.
Upon validation / confirmation of the order by the customer, acceptance of these General Sales Conditions is automatically generated, which are also applicable to additional and / or subsequent agreements between PORTUGAL FOILS and the customer.
PORTUGAL FOILS reserves the right to unilaterally change the General Terms and Conditions in force.
Modification of the General Conditions of Sale
Orders are subject to the General Conditions contained in this regulation in force and the date of its formulation.
We are a family owned and operated business.
Public sale prices are quoted in euros.
Prices may be changed at any time, maintaining the conditions established when the sale was formalized.
Prices do not include postage and / or other administrative costs.
Offers / campaigns may be withdrawn at all times, unless it expressly contains a pre-announced validity period.
Offers do not apply to repeated orders and / or subsequent agreements.
The acceptance of orders is only considered effective upon the request made by the customer and the payment of the amount corresponding to 30% of the purchase price, the remainder being paid before the act of delivery or collection of the item at the establishment.
The customer will be able to cancel his order by e-mail until the moment when the payment of the deposit is required. After paying the down payment, the customer will lose the amount corresponding to the down payment already provided, in case he cancels the order, regardless of the reason invoked.
After formalization of the order and payment of the respective deposit, supervening changes to the order made by the customer will not be accepted.
Payment will be made in full when ordering the product, if it is available in stock. If there is a need to order a product not available in stock, payment will be made upon delivery of a deposit corresponding to 30% of the purchase price.
The deposit must be paid when ordering the item. Payment of the remainder of the price will be made prior to the delivery or collection of the order at the establishment.
PORTUGAL FOILS will remain in possession of the article until its actual and full payment is verified.
The customer will be able to make the payment through the following forms: bank transfer, ATM references, MB Way and credit card. Payment by bank transfer will only be considered valid, after confirmation of credit in account and, only after that, the article will be delivered.
The delivery of the item is ensured by an external company - value not included in the sale price - and carried out at the address indicated by the customer on the order form. The customer will be informed of the date of delivery of the order. If the delivery is not completed, due to an error attributable to the customer, the customer will incur the payment of a new delivery fee.
Alternatively, the customer will be able to collect the item at the establishment.
The customer is responsible for losses and damages arising from the provision of an incorrect, invalid or insufficient delivery address, or from his refusal to receive the product.
In the event that the article cannot be delivered, regardless of reason, PORTUGAL FOILS reserves the right to:
- store the product, at the customer's own risk and expense;
- terminate the contract, in whole or in part, withholding amounts that may have already been paid, losing the customer the right to a refund;
- sell or deliver the product to third parties, under the terms and conditions as it sees fit;
- claim payment for damages caused.
Counterfeiting or misuse of debit or credit cards will be subject to immediate triggering of the respective legal mechanisms.
PORTUGAL FOILS reserves the right to terminate the contract, without the need for prior notice, when:
- the customer is declared insolvent;
- the customer suspends the payment of any agreed installment for no reasonable reason;
- the customer does not or does not fully comply with the obligations arising from the contract and PORTUGAL FOILS is not required to maintain the contract;
- the customer was obliged to provide a guarantee for the fulfillment of the contract and this guarantee proves to be insufficient or unreasonable;
- there are circumstances that, due to their relevance, determine the client's foreseeable failure to comply with the contract.
We are a family owned and operated business.
The delivery time provided verbally or in writing is based on the circumstances known at the time of the formalization of the sale by PORTUGAL FOILS.
The delivery period is of an indicative nature only and in no case is it essential to conclude the contract, unless such circumstance results expressly from a written agreement by the parties.
Delay in the delivery of the product does not constitute grounds for termination of the contract or gives the right to claim the payment of any compensation or compensation.
The purchase order does not serve as an invoice, regardless of its nature and method of payment.
The customer will receive the invoice together with the product, upon delivery.
PORTUGAL FOILS advises that all orders are duly verified by the customer, who must make any notes on the condition of the product in the delivery documents, in case of total or partial damage to the item.
If the product is defective, please inform PORTUGAL FOILS within twenty-four (24) hours after signing the delivery note.
After this period, the product status check is considered valid, once the delivery note is signed, considering the product intact and fully functional.
Asset Assurance and After Sales Assistance
The product has a (1) year warranty (or 6 months, if the purchaser is a legal person) for manufacturing defects, its components and applied material.
The battery, being consumable, has a guarantee of up to 300 cycles.
If the product has a defect or anomaly, the customer must report this fact via the email address email@example.com, indicating the order number, the description of the situation and attaching, for this purpose, a copy of the invoice and photographs that show the state of the article. Only requests for activation of the guarantee by the purchaser / billing customer or with a document attesting that this position is transferred to third parties, and that they can represent it on their behalf, will be accepted.
If the problem cannot be solved by remote means (telephone, e-mail or similar), it may be necessary to deliver the product to PORTUGAL FOILS or a local authorized service center for diagnosis.
The shipment of the product to PORTUGAL FOILS, resulting from a claim made under the warranty based on alleged non-compliance, can only occur after prior written consent provided by PORTUGAL FOILS.
Transport and shipping costs will be borne by the customer, unless PORTUGAL FOILS determines that the reported anomaly is covered by the warranty.
When the after-sales service involves the replacement of a product or a specific part / component, the replacement item becomes the property of the customer and the replaced item becomes the property of PORTUGAL FOILS. Only products / parts / components that are unchanged by the customer may be eligible for replacement.
By calling the guarantee, the customer undertakes to:
- provide PORTUGAL FOILS with secure access to your product so that the necessary service can be performed;
- remove functional, additional, modified parts and accessories not covered by the warranty;
- ensure that the product is free of any legal or conventional restrictions that prevent its replacement;
- to authorize PORTUGAL FOILS to store, use and process your data, namely information regarding its identification elements, such as name, contact, address, e-mail address, authorizing PORTUGAL FOILS to contact you, ask about the degree of satisfaction with the service provided, or providing this data to partner entities, manufacturers or acting on behalf of PORTUGAL FOILS;
- agree that PORTUGAL FOILS will not be liable for any loss or disclosure of any data, including confidential information, privileged or personal information, contained in the returned product;
- disclose your data, when legally required.
Small deviations in relation to quality, color, size, weight, finish, design, among others, which are considered acceptable and which cannot be avoided, as well as the normal wear and tear resulting from their use, can never be grounds for claiming a defect.
All items purchased at PORTUGAL FOILS benefit from a 1 (one) year manufacturer's warranty (or 6 months, if the purchaser is a legal person) from the date of delivery to the customer, provided that the brand's warranty conditions are met. .
In order for the customer to be able to activate the guarantee, it is necessary to adopt the procedure mentioned in the previous chapter, namely the communication accompanied by the presentation of the documentation provided therein to the after-sales service through the email address firstname.lastname@example.org.
In case of repair of the article, the respective process will only start after the delivery of the necessary documentation. The customer will be informed of the repair period depending on the result of the analysis of the detected anomaly.
Out-of-Warranty Item Repair
The repair of the out-of-warranty item will be handled by the manufacturer.
If the technical verification detects the existence of signs of misuse and / or any problem that may have given rise to the apparent non-conformity (see causes of exclusion of warranty), the customer will be contacted to inform if he intends to proceed with the repair of the article, the corresponding repair budget is communicated.
Failure to accept the quote by the customer implies the payment of a budget fee of € 30.00, to which will be added all the costs inherent in delivering the product to the customer.
The budget fee and the costs inherent to its delivery must be paid prior to the shipment or collection of the item.
The repair process will only be initiated when the budgeted amount is paid in advance.
PORTUGAL FOILS reserves the right, in the case of an item not picked up within 15 days after its repair, to charge a storage fee of € 15.00 / day, as well as to store the item in another location, after 30 days after the repair is complete.
PORTUGAL FOILS also reserves the right to treat the article as abandoned, if it remains in its possession, 6 months after the conclusion of the intervention and communication to the client. The abandoned item will be donated, sold or used, and the proceeds obtained will be applied by PORTUGAL FOILS as it sees fit.
PORTUGAL FOILS will not be responsible for any direct, accidental, special or consequential losses or losses, including fixed costs, replacement services and lost profits.
If the repair requires technical intervention with means unavailable at PORTUGAL FOILS or at its manufacturer, the customer now authorizes their transfer to specialized laboratories.
The customer is responsible for losses arising from the provision of an incorrect, invalid or insufficient delivery address, or from his refusal to receive the product.
Exchange and Return
PORTUGAL FOILS does not accept any type of exchange or return, for reasons beyond its control.
Causes of Exclusion of Warranty
• Refers to article 5-A, no. 2 of DL no. 84/2008, of 21/05 that “to exercise their rights, the consumer must report to the seller the lack of conformity [the defect] in a within two months, in the case of movable property, or one year, in the case of immovable property, from the date on which it was detected ”. Failure to observe these deadlines determines the lapse of the right, and can no longer be invoked in any situation;
• Damage resulting from collision, physical impact or fire originating from factors unrelated to the manufacture, including, but not limited to, the error of its user;
• Damage caused by unauthorized modification, disassembly or opening of components that do not comply with official instructions or manuals;
• Damage caused by improper installation, misuse or operation not in accordance with official instructions or manuals;
• Damage caused by an unauthorized service agent;
• Damage caused by unauthorized modification of circuits and incompatibility and / or incorrect use of the battery and charger;
• Damage caused by activities that did not follow official instructions or manuals;
• Damage caused by the use of the product in adverse weather conditions (namely, strong winds, rain, sand / dust storms, direct sunlight, among others);
• Damage caused by using the product in an unsafe and / or improper context (for example, water depth less than 1.2 meters, existence of
hammers, seaweed, wild animals, corals, among other situations);
• Damage caused by the operation of the product with a weight greater than the maximum permissible load weight (100KG);
• Damage caused by forced use due to aged or damaged components;
• Damage caused by problems of reliability or compatibility through the use of unauthorized third party parts / components;
• Damage caused by using the product with a low or defective battery;
• Uninterrupted and excessive use that exceeds the normal use of the product;
• Failure or damage caused by any third party products, including those that PORTUGAL FOILS may supply or integrate into the product at the customer's request;
• Damage caused by incorrect configuration or installation of the product;
• Products or parts with an altered identification tag or with removed identification tag;
• Problems inherent in misuse, cleaning or irregular handling;
• Item purchased at lower price with defect, known to the customer;
• Problems inherent in the misuse, cleaning or irregular handling, namely with the use of abrasive products;
• Problems related to the transport and storage of the product, after its delivery;
• Damage caused by agents of nature, such as floods or accidents of any kind.
PORTUGAL FOILS will never be responsible for damages resulting from information, details, files, materials or devices incorrectly provided by or on behalf of the Client.
PORTUGAL FOILS will never be responsible for physical injuries suffered, namely death, by its user or by third parties.
PORTUGAL FOILS will never be responsible for loss of profits, loss of revenue, loss of turnover, closure of commercial activities and reputational damage caused to the customer or third parties.
PORTUGAL FOILS will never be liable to the customer for any direct or indirect damage resulting from the delivery of the product.
PORTUGAL FOILS will never be responsible for damages resulting from the incorrect use of the product and / or its use in non-compliance with the intended.
PORTUGAL FOILS will never be responsible for damages resulting from advice provided to the client.
The customer is responsible for all damages, losses and costs that PORTUGAL FOILS or third parties may incur.
The use of products marketed by PORTUGAL FOILS presupposes the mandatory use of individual means of protection by the customer (namely, helmet, impact vests, etc.)
PORTUGAL FOILS is not obliged to fulfill its contractual obligations if it is prevented from doing so, namely, in the following circumstances:
- war situations;
- government measures restricting the circulation of goods;
- traffic congestion;
- import and export trade blocks;
- power failures;
- delays in the supply of goods by third parties.
PORTUGAL FOILS may invoke force majeure by suspending its obligations during the period in which the cause to which it originated occurs.
If the force majeure exceeds a period of more than two months, PORTUGAL FOILS reserves the right to terminate the contract, without the client being able to claim any compensation or compensation.
Prohibition of Selling Online to Third Parties or Through Internet Platforms
The customer is prohibited from selling or offering the product online to third parties
or through platforms / markets or websites without the prior express consent of PORTUGAL FOILS.
Applicable Law and Jurisdiction
For the resolution of any disputes or issues arising from the General Terms and Conditions, namely, regarding their interpretation, execution, application, compliance, alteration or cancellation requirement, the Cascais Judicial Court will be territorially competent, with express waiver of any other.