General Sales Conditions
- Business policy
1.1 The “Vendor” SMTH Shapes Surfboards Company Lda offers products for sale on wwww.smthshsapes.eu and its e-commerce business services are available exclusively to its end users, i.e. the “Consumers”.
1.2 “Consumer” shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on wwww.smthshapes.eu but instead, we ask you to contact us at firstname.lastname@example.org.
1.3 SMTH SHAPES SURFBOARDS COMPANY LDA. reserves the right not to process orders received from users who are not “Consumers” and any other order which does not comply with the Vendor’s business policy.
1.4 These General Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on www.smthshapes.eu between the users of www.smthshapes.eu and the Vendor.
1.5 The “Consumer” should undertake to provide correct and accurate e-mail, or other contact details to the “Vendor” and acknowledge that the “Vendor” may use these details to contact you in the event that this should prove necessary.
- How to order
2.1 To order in www.smthshapes.eu the “Consumer” will need to detain an e-mail account and that his browser is configurated to accept cookies and pop-ups, in the sense of accepting all browsing conditions on www.smthshapes.eu.
2.1 To order through www.smthshapes.eu. you need an e-mail address to place an order, and you need to set your browser to accept both cookies and pop-ups to make full use of the Website, which includes designing items, adding items to your Basket and checking out.
Placing an order on the Websites is easy.
- Find the products you want;
- Add the products to your basket;
- Proceed to checkout;
- Select delivery and billing options;
- Review your order;
- Submit your order;
- Receive an online order confirmation.
You are bound by your order once you have clicked the “Checkout” button at the end of the ordering process. By clicking the “Checkout” button, you send your order to us as it is displayed in the final check out screen. Once we have received your order, an automated confirmation of receipt will be displayed on the Website, which contains your order number and the details of your purchase. The purchase agreement has now been concluded.
A copy of the automated order confirmation will be sent to your e-mail address. We strongly suggest that you print or download this copy for future reference.
We explicitly reserve the right not to accept your order, or to cancel the purchase agreement after the automated order confirmation.
The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof.
If the products displayed on wwww.smthshapes.eu are no longer available at the time of your last access or once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after the Vendor has received your order.
If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items.
2.2 Our right to not accept your order or cancel your purchase.
We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs:
* The product is not available / in stock (any payments will be refunded);
* Your billing information is not correct or not verifiable;
* Your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
* Your bank transfer payment is not received within 5 days after acceptance of your order;
* We have reason to believe that you are a reseller;
* There was an error in the price quote;
* We could not deliver to the address provided by you.
2.3 Data check
When you send us your order, we may run some checks on it before it is fulfilled.
These checks may include verifying your address, creditworthiness, and checking for fraud. As to the latter: we run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud will be investigated and if necessary prosecuted. By submitting your order, you agree to this.
- Guarantees and product price indication
3.1 Payment methods
You can find the available payment methods in the Help/FAQ’s section of the relevant website. We do not accept any other method of payment than mentioned, as our system is not designed to process other payment methods. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
3.2 Payment processing
If you pay by Credit Card, we will deduct the amount due from your account as soon as your order is processed.
In case of payment by Credit Card, all details (for example, Card Number or Expiration Date) will be sent by encrypted protocol to the company that provide remote electronic payment services, without third parties having any access there to whatsoever. Such details will not be used by SMTH SHAPES SURFBOARDS COMPANY LDA.except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the relevant shipping costs, as indicated in the order form, will be charged to your current account when the purchased products are processed.
- Order security
4.1 Store www.smthshapes.eu uses a secure technology, one of the most robust encryption platforms available. Your payment information will be encrypted from the moment you enter it until your transaction is processed, and will not be saved on a public server.
Although we use encrypted security software, the security of information and payments transmitted by the Internet or via e-mail can’t be guaranteed. SMTH SHAPES SURFBOARDS COMPANY LDA. shall not be liable for any damages suffered as a result of the use of electronic means of communication, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
If you pay by Bank Transfer, we will start delivery after we receive your payment. This may take several days. In the event that no payment has been received within 5 calendar days after you submitted your order, your purchase will be cancelled.
Payments can only be processed if the billing information can be verified.
- Retention of title
We retain title in the products until we have received full payment for all such products.
6.1 The product prices displayed on the Websites are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to.
6.2 Prices are all quoted in Euro.
Please note that changing the country of delivery may have an influence on the price due to transport costs.
6.3 Your total price
The total price specified in the final check out screen includes tax and shipping costs.
The prices are quoted in the order confirmation of receipt of your order as well, which you can print or download for future reference.
Please transfer only the exact amount specified on the order confirmation, and make individual transfers per order, using the unique reference number stated in your order confirmation.
6.4 Price changes
The product prices displayed on the Websites may be subject to change. We reserve the right to change prices without notice. The prices displayed at the moment of purchase are the prices applicable to that purchase.
6.5 Pricing errors
Please note that even though the Websites are composed with care, it is possible that the pricing information on our website contain errors. We are not bound by our offer, and we reserve the right to cancel your purchase in the event of such error.
- Quality and guarantee
SMTH SHAPES SURFBOARDS COMPANY LDA. does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards. The main characteristics of products are shown on www.smthshapes.eu on each product page. The products offered for sale on www.smthshapes.eu may not exactly correspond to the real garments in terms of image and colors due to the Internet browser or monitor used.
All products come with an identification tag. Do not remove the tag from the purchased products should you wish to return the purchased product.
Should you decide to exercise your right to return purchased products, the SMTH SHAPES SURFBOARDS COMPANY LDA. has the right to not accept returned products that are returned without the corresponding tag or that have been altered from their original status or damaged.
- Shipping & delivery
8.1 Delivery – where and when
We deliver products from Monday through Friday. We do not ship on certain public Holidays. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the Shipping section of the relevant website.
8.2 Delivery timelines
Delivery timelines depend on the country the product or products are being shipped to.
If you pay by bank transfer, Delivery can take longer since we only start the delivery process after receipt of your payment. This could take 5 to 7 days.
The “Vendor” will not be liable or responsible for any failure to perform, or delay in perform of, any of the obligations that is caused by events outside our reasonable control (Force Majeure Event – includes any act, event, non-happening, omission or accident beyond our reasonable control).
We try to deliver on time to the extent this is commercially reasonable. We usually make it, but we cannot guarantee timely delivery.
8.3 Split delivery
Where possible, we try to deliver in one go. However, we reserve the right to split the delivery of your order, for instance (but not limited to) if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at purchase.
8.4 Inspection upon delivery
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. We will refund the purchase price and all delivery costs as soon as the warehouse has handled your return. Please also note that you should inspect the products within a reasonable time after their receipt. Any complaint of no reception of the order must be made within a maximum of 30 days after the date that the order was placed. After this time, SMTH SHAPES SURFBOARDS COMPANY LDA. cannot be held responsible for the loss of the order.
SMTH SHAPES SURFBOARDS COMPANY LDA.is not responsible for any eventual helds by the customs service. In the event the order is stopped at customs, it is the client’s responsibility to contact the entity in question and extract the order, as well as support all costs that may bring.
- Shipping rates
9.1 Shipping rates
Shipping rates are applied per order. The exact shipping rates depend on the country of delivery.
- Returns & cancellations
10.2 Defective product returns
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you receive them.
You can do so within 14 days after you notice the defect. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return and on refund information.
not be considered damaged)
- Customer care
11.1 For any information requests the Vendor can be contacted via e-mail at email@example.com.
Fulfillment of all orders on the Websites is subject to availability. We try to ensure that all items offered for sale are in stock. However, we reserve the right not to accept any orders or to cancel confirmed orders for products that are out of stock. In such event we will inform you by e-mail and any payments will be refunded.
- Offer Validity
The offers on the Websites are valid only the moment that they are displayed on the website, unless a specific term is communicated on the website. We are not bound by any offer in the event of spelling, pricing or other errors or mistakes in the Website information. We reserve the right to cancel any purchase concluded in the event of such error.
14.1 SMTH SHAPES SURFBOARDS COMPANY LDA.s hall only be liable for damages suffered by you in the event such damages result from attributable breach by SMTH SHAPES SURFBOARDS COMPANY LDA. of its contractual obligations towards you, or in the event SMTH SHAPES SURFBOARDS COMPANY LDA. liability follows from applicable statutory law.
14.2 In the event you have suffered damages in relation to our activities on the websites, our liability will be limited to
- damage to the SMTH SHAPES SURFBOARDS COMPANY LDA. products or to other materials;
- reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under;
The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.
14.3 We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.
14.4 We are not liable for damages as a result of incorrect information on the Websites.
14.5 In the event you suffer damage as a result of our gross negligence or willful misconduct, none of the limitations in this article apply.
- Applicable Law
These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Websites shall be governed by Portuguese Law.
- SMTH Shapes right to vary these terms
We have the right to revise and amend these Terms from time to time. You will be subject to the policies, Terms in force at the time that your order products from us, unless any change to those policies.
- Info on the Website(s)
Even though SMTH SHAPES SURFBOARDS COMPANY LDA. has composed the Websites with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. SMTH SHAPES SURFBOARDS COMPANY LDA. shall not be not liable for any damages resulting from the use of (or inability to use) the Websites, including damages caused by viruses or any incorrectness, or incompleteness of the Information, unless such damage is the result of any willful misconduct or from negligence on the part of SURFERS LAB.
- Trademarks and Copyright on the websites
All brand names, product names and titles used on the website are trademarks or trade names of SMTH SHAPES SURFBOARDS COMPANY LDA. or third-party trade mark or trade name holders. You are not allowed to use of reproduce any such trademarks or trade names as this may constitute an infringement of the holders’ rights. All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this website are the copyright of SMTH SHAPES SURFBOARDS COMPANY LDA. or its suppliers. You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or republication. Should you wish to use materials or information from this Website, you need to obtain a prior written consent from us.