Introduction
SurfMilfonte’s LDA. is a Portuguese company with headquarters in Cerca das Árvores, No. 36, 7645-246 Vila Nova de Milfontes. Our tax number is PT 513839356, with a share capital of €6000.
General provisions
This document regulates the conditions for the use of this website and the contractual relationship between SurfMilfontes and the user. These terms and conditions contain the rights and obligations of all users and of SurfMilfontes in relation to the goods/services offered on this website or on other websites to which there is a hyperlink. These terms and conditions are subject to change; we therefore recommend reading them before ordering. If you do not agree to these terms and conditions, you should not place an order.
Use of this website
The user undertakes to use this website in accordance with applicable law and to refrain from any activity that violates the law, morality, good customs or the rights of third parties. When ordering through this website, the user declares that he or she is over 18 years old and has the legal capacity to enter into the following contract.
Orders
To place an order, users must follow the online purchasing process. Users should note that this does not mean that the order has been accepted. The order merely represents a purchase proposal for one or more of our products. Each order is subject to the respective acceptance by SurfMilfontes, which is always confirmed by sending an email to the user notifying the dispatch of the products. If the order is not accepted after the user account has been charged, the corresponding amount will be refunded in full. Each order is subject to acceptance by the Merchant, which is always carried out by sending an email confirming the shipment of the Products – Shipping Confirmation. The purchase contract between the dealer and the user (contract) only becomes legally binding with the shipping confirmation. Merchant is not obligated to deliver other products that may be included in the order until shipping is covered in a further shipping confirmation.
Rejection of an order
SurfMilfontes will not be liable to the user or any third party for the removal of any product from this website, for any modification or deletion of any material or content on this website, or for refusing to process or accept an order sent with the order confirmation.
Right of withdrawal
Any user acting as a consumer may terminate the contract without giving any reason within 30 days of the delivery date of the product. In this case, the user will receive the full amount paid, in accordance with the provisions in the return conditions (see Returns and Refunds).
Delivery If available
SurfMilfontes will ensure that the products in the shipping confirmation are delivered to the user within the announced period, except in exceptional circumstances. If for any reason SurfMilfontes is unable to deliver on the scheduled date, the User may decide whether to maintain the order despite the delay or cancel the order and receive a full refund.
Price and Payment
The prices shown on this website include VAT but do not include delivery costs, which will be added to the final price. Except in the case of an obvious error, the price of the Products will apply at all times on our website. Although SurfMilfontes endeavors to ensure that all prices displayed on the Website are accurate, errors may occur.
If SurfMilfontes discovers that the price of a product in an order is incorrect, SurfMilfontes will inform the user as soon as possible and give the user the opportunity to confirm the order at the correct price or cancel it. If the user cannot be reached, the order will be considered canceled and the user will receive a refund of the total amount of the order if it has already been paid. SurfMilfontes is not obliged to supply a product at an incorrect price (if lower), even if a shipping confirmation has already been sent, if the error is obvious, unambiguous and should have been noticed under reasonable circumstances.
SurfMilfontes reserves the right to refuse orders over large quantities or sizes. All prices and available quantities are subject to change at any time, but other than the above changes, this will not affect orders for which a shipping confirmation has already been processed. Users can view all available payment methods under “Payment Methods”.
Returning defective products
If, upon delivery, the User believes that the Product received does not comply with the Contract, the User must immediately contact SurfMilfontes via the electronic form and report the condition of the Product and the corresponding defects. SurfMilfontes will inspect the returned product and notify the user by email of the right to a replacement or refund (if applicable) within a reasonable period of time. The analysis of the defective product and the corresponding refund (if applicable) will be carried out as quickly as possible, within the 30 day period established by law.
Products returned by users due to defects will, if confirmed, be refunded in full of the amount paid, including shipping and return costs. The refund will always be made using the same payment method used when purchasing the product. These provisions do not affect the rights of the user under the law.
Privacy Policy
SurfMilfontes respects the user’s privacy. All information collected on our website is kept confidential and may not be sold, provided or reused to third parties without the user’s consent. All information provided to SurfMilfontes is treated with care and used solely for the purpose of order processing and improving the user experience on our website – see Privacy Policy.
Liability and Exclusions
From the moment of delivery, the user bears all risks associated with the delivered products. Ownership of the delivered products will only pass to the user once SurfMilfontes has received full payment of the amounts owed for the delivery of the product, including delivery costs, or after delivery, whichever occurs last.
SurfMilfontes’ liability for a product purchased via this website is limited exclusively to the respective purchase price. Nothing in these Terms excludes or limits SurfMilfontes’ liability: for death or personal injury caused by its negligence; for fraud or fraudulent misinformation.
Return Policy
SurfMilfontes shall not be liable for any breach or delay in performance of any obligation under this Agreement resulting from events beyond its reasonable control (“Force Majeure”). A Major Force Event includes any event, act or omission beyond SurfMilfontes’ reasonable control, including (but not limited to) the following:
- Strikes, lockouts and other labor disputes;
- Civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, war (declared or not) or the threat of preparations for war;
- Fires, explosions, storms, floods, earthquakes, subsidence, epidemics or other natural disasters;
- The impossibility of using rail, sea, air or road transport or other means of public or private transport;
- The impossibility of using public or private telecommunications networks;
- Laws, regulations or government restrictions;
- Any strikes, disruptions or accidents affecting postal services or relevant transport.
SurfMilfontes’ obligations under this Agreement are suspended for the duration of the Major Force Event. SurfMilfontes will use reasonable efforts to bring the Major Force Event to an end or to find a solution that allows the contractual obligations to be fulfilled despite the existence of a Major Force Event.
Transfer of Rights
The contract between SurfMilfontes and the User binds the parties and their respective successors and assigns. The user may not change his contractual position without the prior written consent of SurfMilfontes
transfer, assign or charge or otherwise dispose of the Contract or any rights or obligations thereunder. SurfMilfontes may transfer, assign or charge its contractual position, engage subcontractors or otherwise dispose of the Contract or any rights or obligations under it at any time for as long as the Contract is valid. However, no transfer, assignment or encumbrance of this position or act of alienation of the contract can limit the legal rights of the user as a consumer or reduce or limit, expressly or implicitly, any guaranteed rights of SurfMilfontes to the user.
Waiver
If SurfMilfontes waives strict compliance with any obligation arising from this Agreement or these Conditions for the User, or if SurfMilfontes in any way exercises the right or authority to terminate such breach during the validity of the Agreement, this does not mean that that these rights and powers are forfeited and does not release the user from his obligation to comply.
SurfMilfontes’ waiver of any right or authority in a particular breach situation by User does not constitute a waiver of SurfMilfontes’ right or authority in any subsequent breach instance. SurfMilfontes’ waiver of any right under this Agreement or these Terms will only be effective if expressly mentioned in a written notice to the User, as provided for in the Communication Clause, in which SurfMilfontes expressly states the waiver.
Reduction
The declaration by any competent authority of the invalidity, illegality or ineffectiveness of any of the provisions in these Terms and Conditions will not affect the other provisions, which will remain in force.
Overall agreement
These Terms and all documents referred to herein constitute the entire understanding between the parties regarding the conclusion of a contract and supersede any prior written or oral agreement or understanding. Both parties acknowledge that when entering into the Contract they have not relied on any statement, commitment or promise made by the other party or on anything said or written in the negotiations between the parties prior to the conclusion of the Contract because the opposite results from these conditions.
Neither party may rely on the other party having made an untrue oral or written statement prior to entering into a contract (unless such statement was made fraudulently) and may only rely on breach of contract arising from these Terms results.
Changes to the terms of use by the provider/law and competent court
The purchase and sale contracts for products through this website are governed by Portuguese law. Any dispute arising from or related to these contracts shall be subject to the non-exclusive jurisdiction of the Portuguese courts. This provision does not affect the user’s legal rights as a consumer.
