GENERAL TERMS AND CONDITIONS OF SALE TORQUE JETBOARDS PORTUGAL – Siret : 515879649 – 07/02/2020
Article 1: GENERAL
The present “General Conditions of Use” determines the rules of use of the TORQUE JETBOARDS PORTUGAL website, which establish contractual relations between all the users of the website and the company TORQUE JETBOARDS PORTUGAL, owner of the website www.torquejetboardsportugal.com.
TORQUEJETBOARDSPORTUGAL, is a company registered at the Commercial Court of Porto, with NIF 515879649, and whose registered office is located at Urbanização Fazenda Grande, Lote p4/4C – 8400-141 MEXILHOEIRA DA CARREGACAO.
The “General Conditions of Use” presented here are the only ones applicable, unless previously agreed in written accords by the company TORQUE JETBOARS PORTUGAL.
TORQUE JETBOARDS PORTUGAL may, from time to time, modify the provisions of its General Conditions of Use.
When connecting to our website, the customer agrees to respect the “General Conditions of Sale”.
It is considered that when validating an order, the customer automatically accepts our “General Conditions of Use”.
ARTICLE 2: OPPOSABILITY
Unless otherwise agreed and recorded in writing, all sales are concluded under the clauses and General Terms and Conditions of Sale set out below. By placing an order, the customer accepts these General Terms and Conditions of Sale which prevail over all other General Terms and Conditions, including those of the co-contractor.
ARTICLE 3: ORDERS
The TORQUE JETBOARDS Portugal offer is limited to the products that appear on its website www.torquejetboardsportugal.com and is valid only for Portugal and the European Community (except France). The duration of the offer and the price are valid as long as the product is published on the web. The photos of the products are not contractual.
Each product has a file that collects the technical characteristics, the manufacturer’s brand, the specific model to which it refers, an orientation photo (if applicable), the selling price of the product with Portuguese VAT included and its availability.
The tab for each product indicates the selling price including Portuguese VAT. Additional “shipping costs” are not included in this price.
Except in the case of special express stipulations, all orders must be accompanied by a minimum deposit of 50% of the price including tax appearing on the order form. It is thus firm and definitive. In case a credit of more than three months is requested at the time of the sale, the sale does not become final until the preliminary offer provided for by the Ioi becomes final. The delivery can only take place after the agreement of the finance company and the expiry of the legal period of withdrawal plus one day, this period can be extended by the same amount of time if the last day for withdrawal is a Saturday, Sunday or public holiday. In the event of refusal of the requested credit, any deposit paid by the customer shall be returned to him. No modification, total or partial cancellation of a definitive order can be accepted except with our written agreement. In the event of a cancellation not accepted by TORQUEJETBOARDS, the deposit paid shall be retained by us by way of lump-sum compensation.
ARTICLE 4: DELIVERIES
Delivery times are given as an indication and as accurately as possible. Any possible overrun does not entitle the customer to cancel his order or to claim any compensation. The distributor may under no circumstances be held liable for any delay attributable to one of its suppliers, subcontractors or carriers and for any consequences that may result.
The territorial scope of sales via the online shop is exclusively for the territory of the European Union (except France), so the delivery service will be only for this territory. Products purchased via the online shop will be sent to the delivery address indicated by the user once payment has been verified, the maximum delivery time being thirty (30) days set by default in the law, although under normal conditions depending on the geographical location, averages vary between 2 and 6 working days after receipt of payment.
Delivery is carried out in collaboration with various logistics operators of recognised prestige. Orders will not be sent to post office boxes or hotels or other non-permanent addresses.
The cost of shipping is not included in the price of the Products. When purchasing the Product, the User will be informed of the exact cost of shipping.
We are subject to stock availability, depending on stock availability, some Products may delay delivery for a longer period of time.
If one of the items ordered is not in stock, we undertake to send you an e-mail to inform you of the period during which we can ship your items.
Your order will be dispatched within 24 to 48 working hours from the date of receipt of your order confirmation and receipt of payment. Please allow 3 to 6 working days for delivery to your home depending on your location.
- TERMS AND CONDITIONS
The goods as well as the documents that may accompany them travel at the customer’s risk and peril, whatever their destination and whatever the mode of transport. In the event that delivery is entrusted to a carrier, it is up to the customer, in the event of damage or missing goods, to make all necessary observations immediately on the transport documents and to confirm his reservations by registered letter with acknowledgement of receipt of the goods. In the event of the delivery being entrusted to a carrier that the recipient does not respect this clause, he will be held liable.
Without prejudice to the measures to be taken with regard to the carrier, and in the event of the goods not being conform in kind or in quantity to the good to be drawn, the customer must, on pain of forfeiture, formulate his complaint by registered letter with acknowledgement of receipt within 3 days following receipt of the goods. It is up to the customer to provide any justification as to the reality of the defects or anomalies that he invokes. The anomaly can only be recognised after the customer has allowed the distributor to ascertain the condition of the goods by any means.
ARTICLE 5: INTELLECTUAL PROPERTY
Any order for products bearing a logo, text, photograph or any other element, is subject to protection under intellectual or artistic property or under the protection of image rights. Any commercial use is subject to the express written authorisation of TORQUE JETBOARDS PORTUGAL.
Consequently, the customer gives guarantee against any unauthorized use and will bear all costs related to the defence of the distributor
‘s interests. The distributor claims the right to mention the names of its customers and to include photographs in its commercial brochures and other advertising materials unless otherwise authorized.
ARTICLE 6: PRICE – PAYMENT
- TERMS AND CONDITIONS
The goods are supplied at the price list in force on the day of the final order. Unless otherwise specified, these prices are inclusive of VAT, departure Portimao (Portugal), excluding shipping costs, invoiced in addition at the rate in force on the day of sale. All payments shall be made at the distributor’s head office. The payment deadline is the one indicated on the invoice. In general, payments are made as follows: 50% deposit with the order, and then, upon receipt of the invoice, 100% of the balance before sending the goods.
- METHODS OF PAYMENT
- BANK TRANSFERS OR WIRE TRANSFERS
When you select this payment method, you will receive on-screen instructions on how to make the transfer or deposit. Shipments will be made after confirmation of receipt. We recommend that you include the order number of TORQUE JETBOARDS PORTUGAL in your transfers and / or deposit. We appreciate that you also send the payment receipt by e-mail to firstname.lastname@example.org or WhatsApp at (+351) 935 226 933 to speed up the preparation of your order.
Our bank details :
IBAN: PT50003300004559624078705 / BIC – SWIFT: BCOMPTPLCaccount in the
name of: ONDAS & SEGMENTOS UNIP LDA
- Cash payments directly to the shop or head office.
The validity of the offers presented is indefinite, although TORQUE JETBOARDS Portugal may withdraw or modify these promotions at any time without prior notice, the offers may be subject to changes in the products that compose them and in the prices marked, without prior notice.
Any sum not paid on the due date will result in
:- the payment of late payment interest at a rate equal to one and a half times the legal interest rate in accordance with the regulations in force. This interest shall accrue until actual payment is received
,- the immediate payment of the entire debt in the event of payment by instalments,
– the immediate payment of all invoices not yet due
,- the suspension or cancellation, at the distributor
‘s discretion, of any current order.
In addition, we reserve the right to charge any bank charges or premiums that we may incur as a result of the postponement or rejection of issued means of payment.
Any invoice recovered by the legal department will be increased by a fixed indemnity of 20% of the sums due with a minimum of 100 euros.
5.REQUIREMENT OF GUARANTEES
In the event of prior non-payment, deterioration of the customer’s credit, downward revision or termination of the guarantee granted by the distributor’s credit insurance agency, the distributor may, at its discretion, modify the payment terms or require a guarantee.
ARTICLE 7: WARRANTY
The customer must contact the TORQUE Jetboards Portugal online shop, via contact@torquejetboardsportugal, to report the incident. As soon as possible, the customer will be informed of the steps to be taken once the warranty has been accepted by the manufacturer or distributor.
All shipping or return costs arising from the warranty process will be charged to the customer.
Defects or damage due to misuse or handling of the equipment or wear and tear caused by normal use of the equipment are not included in this warranty.
Repair, payment or replacement will take place within a maximum period of 3 months.
The guarantee applies if the products are used in accordance with their intended purpose and in compliance with the conditions of the user manual. The products are guaranteed for 1 year, except for batteries guaranteed for 6 months. These warranties are acquired to the exclusion of all other goods; the warranty is limited to the replacement or reimbursement of supplies recognized as defective, excluding all accessories and delivery costs; the customer may not otherwise claim payment of any compensation for loss of use. The guarantee is only acquired on the condition that the customer :
– is the holder of the permit or any licence required to use the product in accordance with the regulations in force in his country and area of use –
strictly adheres to the intended use of the product –
uses the products in accordance with the distributor’s
recommendations and the user manual –
adheres to the safety instructions and local regulations concerning the right of use.
In particular, damage resulting from improper use or damage resulting from an accident is excluded from the warranty.
The customer must contact the online shop TORQUE JETBOARDS PORTUGAL.com, via email@example.com, to report the incident.
ARTICLE 8: LIABILITY
If the distributor’s liability is recognized in respect of goods sold or other services, the maximum amount of damages to which it may be condemned shall in no case exceed the price paid by the customer for the product or service in question.
ARTICLE 9: RETENTION OF TITLE CLAUSE
The distributor retains full and exclusive ownership of the goods sold until full and effective payment of their price, but the customer shall assume the risks as soon as they leave the factory. The remittance of bills of exchange or other instruments creating an obligation to pay does not constitute payment within the meaning of this provision. In the event of reclaiming and returning the goods sold, all sums received by the distributor shall remain with the distributor in return for the customer’s use of the goods. In the event the customer wishes to resell the merchandise, the customer undertakes to inform the sub-purchaser of the existence of the retention of title clause and of the right that the distributor reserves to claim either the merchandise or the resale price in its hands, up to the amount of its claim in principal, interest and costs.
ARTICLE 10: INFORMATION TECHNOLOGY AND FREEDOM :
The information collected by TORQUE JETBOARDS PORTUGAL during any order or customer exchange, of which it is the sole recipient, is necessary for the management of the customer’s order. In accordance with the Ioi “Informatiques et libertés”, Commission national de protection des données : CNPD : https://www.cnpd.pt/index.asp, the buyer has a right of access, rectification, opposition and deletion to the data concerning him/her at TORQUE JETBOARDS PORTUGAL.
ARTICLE 11: APPLICABLE LAW AND COMPETENT JURISDICTION :
The sales of products of the company TORQUE JETBOARDS PORTUGAL, are subject to Portuguese law. Any dispute of any kind will be under the exclusive jurisdiction of the Commercial Court of the distributor
‘s registered office (PORTUGAL), which will apply Portuguese law.
DISPUTES AND LIABILITIES
For the resolution of any dispute arising from the interpretation or execution of these terms and conditions, the District Court of Oporto will be competent.
TORQUE JETBOARDS PORTUGAL is not responsible for delays or breaches of contract due to force majeure: disruption, total or partial strike, postal services and means of transport or communication, flood, fire or war.
ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMERS
In accordance with article 18 of Law 144/2105, the consumer is informed that for the alternative resolution of disputes, he must contact TORQUE JETBOARDS PORTUGAL by e-mail, the competent entity for the settlement of consumer disputes (RAL-Resolução Alternativa de Litígios de Consumo) of its registered office or use the European online platform for dispute resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
Entities competent for the alternative resolution of consumer disputes.
This online sales site is responsible for the Consumer Dispute Arbitration Centre corresponding to the consumer’s domicile.
In the event of a consumer dispute, the consumer may use the European online dispute resolution
platform (see above) or the following alternative dispute resolution entities:
- NACCA – National Consumer Dispute Information and Arbitration Centre
Tel: (+351) 213 847 484; E-mail: firstname.lastname@example.org
- CIMAAL – Centre for Information, Mediation and Arbitration of Consumer Disputes in the Algarve
Tel: (+351) 289 823 135; E-mail: email@example.com
- Arbitration Centre for Consumer Disputes in the District of Coimbra
Tel: (+351) 239 821 690/289. E-mail: firstname.lastname@example.org
- Lisbon Centre for Arbitration of Consumer Disputes
Tel: (+351) 218 807 000/218807030.
E-mail: email@example.com; firstname.lastname@example.org
- Oporto Consumer Information and Arbitration Centre
Tel: (+351) 225 508 349/225 029 791; E-mail: email@example.com
- Vale do Ave Consumer Arbitration Centre / Arbitral Tribunal
Tel: (+351) 253 422 410; E-mail: firstname.lastname@example.org
- Centre for Consumer Information, Mediation and Arbitration (Consumer Arbitral Tribunal)
Tel: (+351) 253 617 604; E-mail: email@example.com
- Arbitration Centre for Consumer Disputes in the Autonomous Region of Madeira
Address: Rua Direita, 27 – 1º Andar, 9050-405 Funchal; Email: firstname.lastname@example.org
For more information, visit the consumer portal: https://www.consumidor.gov.pt/.