TERMS AND CONDITIONS
PREAMBLE
In accordance with Decree-Law No. 24/2014, of 14 February, this document establishes the conditions to be observed when using the website. windsipit.myshopify.com, as well as in the process of purchasing products made available to its Users.
In fact, we ask that you read the conditions and privacy policy carefully before using the website, since by using it or placing an order, the Customer is consenting to be bound by the aforementioned conditions.
Therefore, if the User does not agree with all the conditions and the privacy policy, he/she should not use the website. www.windspirit.com.pt
These terms and conditions may be subject to change in the future. Therefore, it is the responsibility of Users to read them periodically, as the terms and conditions in effect at the time of use of the website or the conclusion of the contract (as defined below) will apply.
These conditions are agreed between the company
WSCLUB (hereinafter referred to as “WS”),
(headquartered at Av. 1º Maio s/n, Train Terminal, TERMINUS RESTAURANT, Praia da Fonte da Telha, 2825-486 Costa de Caparica, Portugal, share capital of 5000€, registered with the CRC Lisbon, with VAT no. PT 513 000 712, and any User who wishes to make a purchase through the website, www.windspirit.com.pt
ARTICLE 1: ORDER
The User may place his order online, on the website www.windspirit.com.pt
To place an order, the User must fill in all mandatory fields, providing their personal data.
By placing an order, the User expresses his/her full and complete acceptance of the general conditions of sale, prices and description of the products included in this transaction.
All orders are subject to acceptance by WS, of which the User will be informed via email.
ARTICLE 2: PRODUCT AVAILABILITY
All product orders are subject to availability.
The non-existence of the ordered products in stock or any other reason for the impossibility of supplying the ordered products will be informed by WS.
In the case provided for in the previous paragraph, WS will reimburse the User for any amounts that may have been paid.
WS reserves the right to remove any product from the page at any time. www.windspirit.com.pt
ARTICLE 3: IMPOSSIBILITY OF COMPLETING AN ORDER
FMF assumes no responsibility for the refusal to complete an order due to exceptional circumstances, even after confirmation, and is only obliged to notify the User/Customer of the impossibility of completing the order and to refund any payments made. If, due to force majeure, it is not possible to fulfill the entire order, even after confirmation, WS is only obliged to notify the Customer of this fact and refund the amounts received.
ARTICLE 4: DELIVERY
Without prejudice to the provisions of article 2, regarding the availability of products, the order will be sent within 10 working days after payment confirmation.
Compliance with the deadline referred to in the previous paragraph may be freely changed by WS, in particular due to cases of force majeure and depending on the place of delivery.
WS will only ship the order after payment of the total price of the products ordered, as well as the respective shipping costs.
ARTICLE 5: DELIVERY CHARGES
Delivery of orders to the WS store is carried out at no associated cost.
The User/Customer will bear the costs of delivering orders to their home depending on the value of the product(s) ordered and depending on the following areas:
a) Delivery to mainland Portugal of products worth €149.00 (one hundred and forty-nine euros) or less - additional cost of €3.99 (three euros and ninety-nine cents);
b) Delivery to mainland Portugal of products worth more than €149.00 (one hundred and forty-nine euros) - at no additional cost;
c) Delivery to the Azores Archipelago or the Madeira Archipelago, regardless of the price of the products - additional cost of €9.99 (nine euros and ninety-nine cents);
d) Delivery to European Union countries of products worth €299.00 (two hundred and ninety-nine euros) or less - additional cost of €9.90 (nine euros and ninety cents);
e) Delivery to European Union countries of products worth more than €299.00 (two hundred and ninety-nine reais) - no additional cost.
The costs identified in number two of this clause may be changed by WS.
ARTICLE 6: IMPOSSIBILITY OF DELIVERY
Deliveries are made from Monday to Friday, and the User/Customer must indicate the address where they wish to receive the order.
If the User is unable to be at the location to deliver the order, he/she must provide an alternative address or contact WS.
If after two attempts it is not possible to deliver the order, the contract will be considered terminated, in which case there will be no right to a refund of the amounts paid - the price and shipping costs.
ARTICLE 7: PRICE AND PAYMENT
In accordance with current rules and regulations, the prices set out on the WS website must be understood to be in euros, with taxes and fees included.
The prices shown include the VAT legally due on the date of issue of the respective invoice.
The applicable VAT rate will be that in force in the Member State of the place of delivery, in accordance with the orders placed.
Prices and specifications are subject to change without notice.
WS declines any responsibility for any errors published on the website.
When processing orders, any pricing error, due to a technical anomaly, that may be detected will be rectified to the correct price.
The User/Customer will be contacted to declare whether to accept or cancel the order, if the price of the product ordered is higher than that stated on the aforementioned page.
If the price of the product ordered is lower than that shown on the web page, the difference between the correct price and the price paid will be refunded.
The User can use the following payment methods:
a) Credit Card (VISA and MASTERCARD);
b) Bank transfer to NIB 0033 0000 4544 7536 7800 5 and IBAN PT50 0033 0000 4544 7536 7800 5;
c) PayPal.
The use of the payment method identified in paragraph a) presupposes the sending of the order data and the User/Customer's card, duly encrypted, to the banking entity, on the date of the order, which is processed after validation and communication to the User's bank and canceled in the event of refusal by the User/Customer's bank.
If you choose the payment method provided for in paragraph c), the price and shipping costs will only be debited at the end of the order process.
ARTICLE 8: TRANSFER OF RISK
The transfer of ownership of the products to the Customer takes place at the time of delivery.
ARTICLE 9: RIGHT TO TERMINATE THE CONTRACT AND RETURN GOODS
The User/Customer has the right to terminate the supply contract, without giving any reason, within 14 days from the date of delivery of the order, in accordance with the provisions of articles 10 to 17 of Decree-Law No. 24/14, of February 14.
In this case, only the items ordered will be refunded, with shipping and return costs being borne by the Customer.
The costs of returning the product(s) are the responsibility of the User/Customer, therefore, in the case of cash on delivery, WS has the right to charge any expenses that may be incurred.
The User/Customer's right to terminate the contract, under the terms of § 1 of this article, applies exclusively to contracts for the supply of products that can be returned in the same conditions in which the User/Customer received them, especially in the original packaging and with all documents.
After return, the product will be examined by WS, who will check its condition.
No refund will be issued if the product shows signs of use, has been damaged or if its packaging is damaged.
The return will be made as soon as possible.
Responsibility for any damage suffered by products, as well as their loss during return, is the sole responsibility of the User/Customer.
Return address:
RESTAURANTS TERMINUS
LOJA_ONLINE WINDSPIRITCLUB
1st May s/n, Train Terminal, TERMINUS RESTAURANT, Fonte da Telha Beach, 2825-486 Costa de Caparica, Portugal
ARTICLE 10: RETURN OF DEFECTIVE PRODUCTS
In cases where the User/Customer considers that, at the time of delivery, the product does not comply with the provisions of the contract, the User/Customer must immediately contact WS.
Collection of products that do not comply with the terms of the contract will be carried out by WS.
The collected product will be examined by WS which, in the event of confirmation of non-compliance, will communicate, by email, its replacement within a reasonable period of time.
The replacement of the returned product is subject to the availability of another unit of the same.
If replacement is not possible, the amount paid for products returned due to non-compliance will be refunded to the Customer in full, including delivery costs incurred for delivery of the product.
ARTICLE 11: EXCHANGES
Products purchased through the website www.windspirit.com.pt cannot be exchanged.
ARTICLE 12: LIABILITY
Access to the website www.windspirit.com.pt as well as the formalization of the entire ordering process, delivery and subsequent services is the responsibility of the Customer.
WS does not guarantee or accept responsibility for any inconvenience or damage inherent in the use of the internet network, service interruption, external intrusion or the presence of computer viruses, or any other case of force majeure.
Items sold are described and displayed on windsipit.myshopify.com as accurately as possible.
If, despite all precautions, errors occur on the website www.windspirit.com.pt WS cannot be held responsible for this fact.
ARTICLE 13: PROCESSING OF PERSONAL DATA AND NEWSLETTER
The information or data provided by the User will be treated in accordance with Portuguese law regarding the protection of personal data.
When using the website www.windspirit.com.pt The User/Customer consents to the processing of the information and data referred to in the previous paragraph and declares that all information or data provided by him/her is true and corresponds to reality.
Personal data is for use by WS, for information, dissemination and order sending actions.
The holder is guaranteed the right to access, rectify, change or delete their personal data, simply by sending an email with their name, surname, address and email address to: lojaonline@windspirit.com.pt Although data collection and processing is carried out by WS in a secure manner, using the most advanced techniques for this purpose and aiming to prevent its loss or manipulation by unauthorized third parties, we inform you that its handling on an open network carries the risk of this happening.
ARTICLE 14: VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
WS is not responsible for any damages or losses resulting from an attack on the service, viruses or any other technologically harmful or damaging program or material that may affect the User/Customer's computer, computer equipment, electronics, data or materials, as a result of using the website. www.windspirit.com.pt or downloading content from it or the content to which it redirects.
ARTICLE 15: INTELLECTUAL PROPERTY
All website elements www.windspirit.com.pt whether visual or audio, including the underlying technology, are protected by copyright, trademark or patent rights.
The User who has a personal page on the internet and who wishes to place, for personal use, on his/her website, a simple direct link to the website's homepage www.windspirit.com.pt must request authorization from the company WS.
The authorization referred to in the caput is only valid if provided in writing.
Any link or hypertext directing to the website www.windspirit.com.pt using the framing or in-line linking technique is formally prohibited.
In any case, the use of any link, including those contained in numbers 3 and 4 of this clause, even if tacitly authorized, must be removed at the request of the company WS.
ARTICLE 16: ENTIRE AGREEMENT
These general terms and conditions of sale are fully binding on the parties involved.
If any of the clauses of these conditions becomes null and void, due to a legislative or regulatory change or by judgment, it shall be considered unwritten.
ARTICLE 17: RIGHT TO UNILATERALLY CHANGE CONDITIONS
These conditions may be subject to change at any time.
The User/Customer is subject to the policies and conditions in force at the time he/she is using the website. www.windspirit.com.pt or formalize your request, except when, by law or decision of government bodies, changes are made retroactively to these policies, conditions or privacy statement.
In the case provided for in the caput, the changes will also affect orders that the User/Customer has formalized under the conditions subject to change.
ARTICLE 18: DURATION
These conditions apply during the period in which the services provided by WS are in force.
All exclusive items on the website are valid while stocks last.
ARTICLE 19: APPLICABLE LAW AND JURISDICTION
Portuguese law applies to these General Conditions of Sale.
In the absence of agreement between the parties, any dispute arising from the interpretation and application of the aforementioned Conditions will be submitted to the competent Portuguese Court.
