Terms and Conditions
1. INTRODUCTION AND DEFINITIONS:
This document establishes the terms and conditions of use
of the websites “www.lavradorcycling.com” and its services,
and determines the general conditions of sale of goods online on the same, in particular the contractual rights and obligations of the intervening parties, hereinafter referred to simply as “Terms and Conditions”.
By using the aforementioned websites, the user is considered to have read, understood and accepted these Terms and Conditions, as well as the Privacy Policy accessible on the identified websites.
To exchange or return an item you will have to bear the cost of shipping. However, this does not apply if the item is damaged or defective. In that case, the shipping is the responsibility of Fazendeiro Cycling.
1.1 PARTIES:
1.1.1 SERVICE PROVIDER
The internet sites “www.lavradorcycling.com”, services and
content made available therein, notably the e-commerce platform, are managed by Lavrador Cycling Tours and Performance Unip. Ltda, with NIPC no. 5_517862484, headquartered in the place of, Portugal, hereinafter referred to as the “Provider”.
Lavrador Cycling Tours and Performance Unip. Ltda is a business corporation that, according to its corporate purpose, is dedicated to Tourist Entertainment activities, including mail order and internet sales, import and export of equipment and accessories.
1.1.2. USER
For the purposes of these Terms and Conditions, a “User” is considered to be any person who uses said Internet sites,
through any device suitable for this purpose.
Only individuals,
of legal age and with the necessary legal capacity for the type
of legal transactions in question, may purchase goods online.
1.2. OTHER DEFINITIONS:
For the purposes of these Terms and Conditions, the following definitions apply:
a) “Online Store” refers to the service provided by the Provider
in order to allow the purchase and sale of products online.
b) “Consumer” refers to any User, registered or not, who
uses the Online Store, notably to make purchases.
c) “Item(s)” refers to the goods available for sale in the Online Store.
d) “Purchase Process” refers to the steps required by the
Consumer to complete the purchase of Item(s).
e) “Order Confirmation” refers to the confirmation given by the Consumer after the Purchase Process to finalize the order for the Item(s) purchased in the Online Store, and sent electronically to the
Provider.
f) “Acknowledgment of Receipt” refers to the confirmation of the order for the
Item(s) purchased, sent by the Provider to the email address indicated by the Consumer, and which includes the identification relating to the contract entered into as well as other additional useful information.
2. ABOUT THE USER:
Any User, as defined in point 1.1.2., may visit and browse the Internet sites regulated herein, as well as enjoy the services and content made available, including making purchases in the Online Store.
Even if not registered, the User, upon making any purchase in the Online Store, will be automatically registered, in accordance with the following points.
2.1. USER REGISTRATION:
The User is responsible for the registration, use and modification of their account. They are also responsible for maintaining the confidentiality of the account and its data, and the operations they perform within it. Therefore, they must not disclose, assign, transmit or otherwise make known any element relating to their account to another person. The Provider is not responsible for improper uses, in accordance with item 6.
User registration is carried out in two ways:
a) Through the registration functionality, regardless of any purchase; or
b) Automatically, if the User is not registered, when
purchasing Items, through the Purchase Process, under the terms
of point 3.1.
2.1.1. REQUIRED DATA
The minimum data required to create a registered User account are: a valid email address and a password.
2.1.2. PROCEDURE
2.1.2.1. REGISTRATION PRIOR TO ANY PURCHASE
Any user can register on the site, regardless of any purchase. To do so, simply access the registration page and enter a "Username" and a valid email address.
2.1.2.2. AUTOMATIC REGISTRATION WITH THE PURCHASE PROCESS
The User is automatically registered when making a purchase through the Online Store, at the end of which an access password is sent to the email address indicated by the Consumer, as described in point 3.1. 2.1.3. REFUSAL AND CANCELLATION OF REGISTRATION
The Provider may refuse, at any time, the registration of any User, based on a violation of clauses of these Terms.
The registered User may, at any time, cancel their registration in the Online Store, through the option provided for this purpose, described in the User Account.
Cancellation of the User's account registration does not constitute an impediment to the fulfillment of any legal or contractual obligation of the Parties that may remain.
2.2. USER ACCOUNT:
Once logged in, the User can access their personal area, called "My Account," where you can, among other options, make changes to your personal data and contact information.
2.3. GENERAL USER RIGHTS:
The User has the right to use the Internet sites regulated herein and their services, without obligation to make online purchases.
You also have the right to access essential information about the Provider, its websites, content and services, and, in addition, about the terms and conditions of use and sale, and about the privacy policy.
2.4. GENERAL USER OBLIGATIONS:
Regarding the Internet sites described herein and their services, the User is obligated to use them in good faith, in accordance with the law and good morals, and with the rules of public order. The User is also obligated to refrain from engaging in illegal acts (or omissions) that are harmful to the rights and interests of the Provider or third parties, or that damage the image, honor, and reputation of the Provider or third parties, as well as any acts that prevent or restrict the normal use or operation of the services and content made available by the Provider.
3. ORDER:
3.1 ORDER MANAGEMENT:
After any purchase is made, the Consumer can, in the User Area, check the status of their orders, as well as the history of previous orders.
3.2 ORDER CANCELLATION OR MODIFICATION:
If the Consumer wishes to cancel or modify the
order, they may do so until the Provider ships it,
without prejudice to the provisions of item 3.6.2.
To do so, you must communicate your intention to the Provider by
sending a message to the Provider's email address, or
by filling out the contact form.
Order cancellation, when communicated by the Consumer and
then confirmed by the Provider, implies the non-shipment of any
order and the consequent reimbursement of the amounts actually paid.
The provisions of item
3.2.4.3 apply, mutatis mutandis.
In the event of order modification prior to shipment, the
Consumer must indicate in detail the request and which
items you wish to change. All subsequent processing must be done through communications to the Provider's email address, where the Provider will endeavor, as far as possible, to comply with the Consumer's wishes. If modification is not possible, the Consumer may cancel the order or, subsequently, exercise the right of free resolution.
3.2.1. DELIVERIES AND SHIPPING FEES:
The Provider reserves the right of ownership over the Items
purchased through the Online Store until it has obtained viable
and reliable confirmation of full and effective payment.
Each order is normally shipped within 24 to 48 hours
after the Delivery Notice is sent.
A variable shipping fee is applied to each order, depending
on the quantity, weight, and delivery location. The shipping cost is presented during the Purchase Process, in the order review – prior to confirmation by the Consumer, and communicated in the Delivery Notice.
The Consumer may choose one of the following shipping services:
a) CTT- express ___________________ or
b) CTT ___________________
3.2.2. RETURNS
3.2.2.1. REGRET OR WITHDRAWAL
If the Consumer is not satisfied with their purchase, they may withdraw from it, through the procedure provided for in item 3.6.2, relating to the right of free resolution.
For returns of Items to be admissible, it is necessary that they have the proper conditions of use, namely, they must have all labels and price indications, the packaging must be undamaged, they cannot show signs of use, nor can they have been washed, altered or damaged.
If the Consumer has ordered more than one Item, only the labels and price indications relating to the returned Item(s) will have to be returned.
3.2.4.2. DEFECTS
In case of a defect in an Item, the Consumer has the right to return it. To exercise this right, the Consumer must report this item electronically – through the contact form or to the email address – and send it to the Provider within a maximum of 7 days from the date of becoming aware of the defect.
The non-conformity of the Item will be analyzed by the Provider and the Consumer will be electronically notified of the right to a refund, if the existence of a defect is confirmed. In these cases, the Provider will reimburse the amount corresponding to what the Consumer actually paid for the defective Item, within a maximum of 30 days from the notification of this right, as per the following clause.
3.2.4.3. REFUND
The refund will be made to the bank account number (NIB) that the Consumer indicates when notifying the Provider of the intention to exercise the right of free resolution.
If the Consumer has not provided a NIB (National Interbank Number), the Provider will notify them, via their email address, of the need to provide a NIB in order to complete the refund. The Provider will be exempt from any refund liability until they obtain the necessary NIB from the Consumer.
3.3. ITEMS FOR SALE:
3.3.1. SPECIFICATIONS
All items presented in the Online Store generally contain the following descriptive elements:
a) Item designation;
b) Item price, including the corresponding ICMS (Brazilian sales tax) value;
c) Available colors;
d) Available sizes;
e) Photographs;
f) Brief textual description and other relevant information;
The Provider reserves the right to add, modify, and delete item specifications at any time, without the need for prior notice to the User.
3.3.2. PHOTOGRAPHIC REPRESENTATION OF THE ITEM
Due to the technical means of representing the items in the Online Store being done through photographs presented by digital means, the Provider does not guarantee total correspondence between the photographs of the items and reality. In case of regret,
the Consumer is, however, guaranteed satisfaction through
the exercise of the right of free resolution, provided for in item 3.6.2.
3.3.3. AVAILABILITY OF THE ITEM
Although the Consumer completes the purchase process of an Item, the
Provider does not guarantee its availability due to, for example, lack of stock.
In cases of unavailability of an Item, this information is
communicated to the Consumer's email address, until the end of the
deadline for sending the order. With this communication, the Provider indicates the expected time for restocking the Item, giving the Consumer the option to choose between:
a) Waiting for restocking and subsequent shipment of the item; or
b) Opting for a refund.
If the Consumer does not exercise their right of choice, as described, the Provider will return the amount actually paid, within a maximum of 30 days after the date of notification of unavailability, and will send the Consumer an electronic communication concerning the refund.
3.4. PRICES:
All prices of Items presented in the Online Store are in Euros (R$) and include the rate of the Tax on Circulation of Goods and Services (ICMS), in force in Portugal.
The Provider reserves the right to change the price of Items at any time, without justified reason.
Any price change does not give the Consumer the right to claim a price difference relating to any purchase prior to the change.
The final price of each order includes all applicable taxes
and shipping costs are added – depending on the chosen shipping method, as per point 3.2.3., with no additional amount or fee being subsequently charged to the Consumer.
The Consumer accepts that the existence of an error in the pricing,
only constitutes grounds for cancellation of the order by the Provider, when it is clearly gross or resulting,
notably, from technical, network, data transmission, data storage, or IT security failures. This fact will be communicated to the Consumer, along with the pursuit of reimbursement of the amount actually paid, in accordance with the provisions of item 3.2.4.3.
3.5. PAYMENT METHODS:
In the Online Store, the Consumer can choose the following payment methods: Multibanco and MBWay
3.5.1. MULTIBANCO
When choosing the Multibanco payment option, the following payment details are always presented:
ENTITY
REFERENCE
VALUE
When choosing the MBWay payment option, the consumer must enter their telephone contact so that the purchase amount is debited according to the contractual conditions with the MBWay entity.
ENTITY
After completing the Purchase Process, the Consumer will receive a Receipt Notice at their email address, which includes, among other things, this same data.
The order will only be shipped when the Provider receives a payment confirmation through their banking service. However, the Consumer may send the payment receipt to the Provider's email address (geral@lavradorcycling.com), thus speeding up the order dispatch procedure.
The order will remain pending, not being dispatched, until payment is made. The Provider will remind the Consumer of the need to make the payment by means of a communication to the Consumer's email address within 48 hours after sending the Acknowledgment of Receipt. If payment is still not made, the Provider will send another communication to the Consumer, indicating the cancellation of the order within 48 hours of sending this one.
3.6. TERMINATION OF CONTRACTS:
3.6.1. CONTRACT TERMINATION BY THE PROVIDER
The Provider has the right to terminate the contract on the grounds of
breach by the Consumer, due to intent or negligence, of any clause of these Terms and Conditions, as well as any contractual obligation.
3.6.2. CONSUMER'S RIGHT OF FREE RESOLUTION
The Consumer may terminate the contract, withdrawing from the purchase, within a maximum period of 14 days from receipt of the Item, without payment of any compensation, and without needing to indicate a justifiable reason.
To exercise the right of free resolution, the Consumer must, within the indicated period, notify the Provider through the contact form accessible in the Contact section, or through the Provider's email address (“geral@lavradorcycling.com”), preferably with the subject “Free Resolution”, and must, within the same period, return the Item(s), by mail, to the Provider's address. The Consumer is responsible for paying the costs of returning the Item(s).
The Consumer agrees to return the Item(s) to the Provider in proper condition for use, as per item 3.2.4.
The Provider agrees to reimburse the withdrawing Consumer only for the amount actually paid, excluding shipping costs, within a period of 30 days from receipt of the returned Item(s).
4. ELECTRONIC COMMUNICATIONS:
All electronic communications from the Provider are always sent to the email address indicated by the User. It is important, therefore, and the User is entirely responsible for the correct and valid entry of the email address, exonerating the Provider from any liability under point 5.
4.1. RELATING TO SERVICES AND ORDERS:
4.1.1. NOTICE OF RECEIPT
After confirmation of the Order in the Online Store, a Notice of Receipt will be sent to the email address indicated by the Consumer, usually with the following content:
a) Provider identification;
b) Order number;
c) List of items purchased;
d) Shipping costs;
e) Total order value;
f) Summary of the right of withdrawal;
g) Provider's email address for cancellations, returns or other matters;
h) Link to these Terms and Conditions;
For technical reasons beyond the control or influence of the Provider, and therefore not its responsibility, the electronic communication of the Notice of Receipt may be automatically placed in the "Spam" folder (related to unsolicited electronic communications) by the Consumer's email server. Therefore, it is recommended that, if the Consumer does not receive the Receipt Notice in their “Inbox” (or “Received Emails” or other), they check their “Spam” folder.
Note that the Receipt Notice is considered received as soon as the recipient, here the Consumer, has the possibility to access it, that is, as soon as it has arrived in their email inbox, including, therefore, the contents of the “Spam” folder.
4.2. CONTACT FORM:
The Provider provides a contact form for the User, should they wish to make returns, exchanges, complaints, suggestions, obtain information, or for any other matter.
5. DISCLAIMER OF LIABILITY:
The Provider disclaims, within the limits of the law and good faith, from liability:
a) For unauthorized access to the Online Store by a third party who is not the User's Account holder, namely due to voluntary transfer, loss, or misappropriation of the User's access elements.
b) For the introduction of any false, invalid, or incorrect information or data by the User, whether intentionally or negligently.
c) For the use of the websites, content, or services for purposes other than those provided for herein.
d) For irregular, inaccurate, incomplete, insecure, or harmful content or functioning of sites or services when attributed to the User: resulting from the Internet browser – for example, due to being outdated or having security flaws; consequence of the use of identification and access data storage devices; any other device directly connected to the User's electronic Internet access device.
e) For irregular, inaccurate, incomplete, insecure, or harmful content or functioning of sites or services when attributed to the practice of illegal acts by the User or third parties, i.e., the practice of cybercrimes.
f) For irregular, inaccurate, incomplete, insecure, or harmful content or functioning of sites or services resulting from the action or omission of network service providers, in particular, domain name and hosting service providers.
g) For any damages caused to the User due to computer viruses, network or system failures, or delays, intrusions, or losses in computer data transmissions, or as a result of any other technical error.
h) For the use of information contained in the content provided by the Provider, the User, or third parties.
i) For third-party content or services presented or accessible from the Provider's websites.
j) For the inaccuracy, incorrectness, blocking, deletion, transmission, unauthorized access and use of the User's personal data, as well as any other malicious form aimed at circumventing the Privacy Policy, when carried out using advanced computer techniques or methods of obtaining privileged access to the server, generally associated with the practice of cybercrimes, or when carried out through the violation of other rights and interests, contractually or legally protected.
6. DISPUTES, APPLICABLE LAW AND JURISDICTION:
In case of a complaint, the User must first notify the Provider, through the contact form or through the provided email address (“geral@lavradorcycling.com”), indicating the content of the complaint, in order to allow for a swift and cost-free understanding.
The law applicable to these Terms and Conditions is Portuguese Law.
For the resolution of disputes arising from the use of these sites, services and content, especially regarding the Online Store, the Provider and User agree that the applicable jurisdiction is the Portuguese judicial system, preferably, due to territorial jurisdiction, the Court of the Provider's headquarters, without prejudice to the rules of judicial jurisdiction that prevail over this agreement.
