Scope and Purpose of the General Store Conditions
These General Conditions are intended, together with the order form, and other elements referred to therein, to regulate the terms and conditions that will govern the provision of the Clearemotions.pt Online Store (“Service” or “ Store”) by Clearemotions.pt .
The Service consists of providing, through the address https://clearemotions.pt, access to the Online Store which, in addition to providing information on a range of products and/or services, allows the User, electronically, to order the products advertised there , under the terms and conditions described here.
The order of products must be placed by Users aged 18 (eighteen) years or over (individuals under the age of eighteen must have the authorization of their representatives). The elements and information transmitted by the User have full legal effect, recognizing the User's electronic purchases, and the User cannot claim the lack of signature due to non-compliance with the obligations assumed.
Product information and content
Clearemotions.pt will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. If you purchase a product that has characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination – see point 9).
Clearemotions.pt will do everything possible to reserve/send all ordered products, but it is possible that in certain cases and due to causes that are difficult to control by Clearemotions, such as human error or incidents in computer systems, it will not be possible to supply some of the products. requested by the User. If a product is not available after placing your order, you will be notified by email or telephone. At that moment, you will be presented with the possibility of canceling the order with a refund, if you have already made the respective payment.
All information about price, products, specifications, promotional actions and services may be changed at any time by Clearemotions.pt.
Responsibilities
3.1 All products and services sold on Clearemotions.pt Online Shop comply with Portuguese Law.
3.2 The Store has adequate security levels, however Clearemotions. com will not be responsible for any damages suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, including any deficiencies or failures caused by the communications network or services of communications provided by third parties, the computer system, modems, connection software or possible computer viruses or resulting from downloading through the service of infected files or containing viruses or other properties that may affect the User's equipment. If for any reason due to an error in accessing the Loja Online Barbudos.pt website it is impossible to provide the service, clearemotions will not be responsible for any losses.
3.3 Data and information consultations carried out within the scope of this service are considered to have been made by the User, with Clearemotions.pt declining any responsibility resulting from the abusive or fraudulent use of the information obtained.
3.4 Clearemotions.pt will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to intent or gross negligence.
3.5 clearmeotions.pt is not responsible for losses or damages resulting from failure or defective performance of the Service when not directly or indirectly attributable to intent or gross negligence, and is not responsible for (i) errors, omissions or other inaccuracies related to the information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) non-compliance or defective performance resulting from compliance with court orders or administrative authorities or (iv) non-compliance or defective performance resulting from the occurrence of situations force majeure, that is, situations of an extraordinary or unpredictable nature, outside of Clearemotions. com and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Clearemotions.pt that prevent or harm the fulfillment of obligations assumed.
3.6. Clearemotions.pt does not guarantee that:
(i) the Service will be provided uninterruptedly, will be secure, error-free or function infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets the expectations of any User regarding it;
iii) any material obtained in any way through the use of the Service is used at your own risk and you will be solely responsible for any damage to your computer system and equipment or loss of data that results from such use
iv) no advice or information, oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.
3.7. The User accepts that Clearemotions.pt cannot in any way be held responsible for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously advised by the User of the possibility of such damages), resulting from:
(i) the use of or inability to use the Service;
ii) the difficulty in obtaining any substitute goods/services;
iii) unauthorized access to or modification of personal databases.
Consumer Obligations
4.1. The user undertakes to:
(i) provide correct personal data and addresses;
ii) Do not use false identities;
iii) Respect the imposed order limits.
4.2 If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or possible non-delivery, the responsibility lies with the user, and Clearemotions.pt declines any responsibility. If the consumer violates any of these obligations, Clearemotions.pt reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided simultaneously by Clearemotions.pt to the same User, and also not allow access future of the User to any or all services provided by Clearemotions.pt.
4.3 The use of products and services purchased for commercial purposes, including for the purpose of reselling goods, is expressly prohibited.
Privacy and Protection of Personal Data
5.1. Clearemotions.pt guarantees the confidentiality of all data provided by users.
5.2 The personal data identified in the order form as mandatory are essential to provide the Service by Clearemotions.pt. The omission or inaccuracy of the data provided by the User is their sole responsibility and may result in Clearemotions.pt refusing to provide the Service.
5.3 The User's personal data will be processed and stored by computer and are intended to be used by Clearemotions.pt within the scope of the contractual and/or commercial relationship with the User and, in case of User authorization, for the marketing of INDICATIONS IN CASE BY CASE AND IN COMPLIANCE WITH THE OBJECTIVE OF THE COMPANY IN CONCRETE.
5.4 In accordance with applicable legislation, the User is guaranteed the right to access, rectify and update their personal data without additional charges, directly or upon written request, as well as the right to object to their use for the purposes set out in the previous paragraph , and for this purpose you must contact the entity responsible for processing personal data: Clearemotions.pt
5.5 The Internet is an open network, so the User's personal data, other personal information and all content hosted on the Service can circulate on the network without conditions security, at the risk of being accessible and used by unauthorized third parties, and Clearemotions.pt cannot be held responsible for such access and/or use.
Cancellation of reservations/orders
6.1 At the User's request
The User can cancel their reservation/order by requesting it from Clearemotions.pt via email with reference to the reservation/order number/name, which will be accepted as long as they have not yet been processed. After processing, Clearemotions.pt will attempt to deliver/process it, but the User has the option of not accepting it.
For cancellation purposes, the User must provide the following data to Clearemotions.pt:
a) Reservation/order number/name
b) VAT number with which the order was placed and the delivery address
6.2 By decision of Clearemotions.pt
Clearemotions .pt reserves the right not to process reservations/orders when it finds any inconsistency in the personal data submitted or observes misconduct on the part of the buyer. Clearemotions.pt reserves the right not to process any order or refund, in case of errors in the values and/or characteristics of the products, when these result from technical problems or errors beyond Clearemotions.pt.
Returns (Right of Resolution)
7.1. The User, if he or she is a consumer, may exercise the right of withdrawal without being obliged to pay any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good or within 30 minutes if is a service.
To exercise this right, the User must contact Clearemotions.pt through the means available in the Online Store and indicate all their identification data, the subscribed service they wish to purchase and the subscription date. Communication must be made by letter, by returning the purchased good or service, or by other appropriate means capable of proof within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the item to Clearemotions.pt in suitable conditions of use.
If it is a service, the consumer must deliver the equipment within a maximum period of 30 minutes or they will be charged the equivalent amount for the time of use.
The package must be returned complete, as it was delivered and accompanied by all documentation received, including the following documents: sales invoice and the document proving receipt of the product, the return or exchange of products will be the customer's responsibility.
The kayak rental service or other service must be returned accordingly, along with all documentation that was delivered.
7.2 After receiving the return/equipment at Clearemotions.pt, the User will be refunded the amount corresponding to the amount paid for the order/reservation (value of the sales invoice). If you have used a promotional discount code, the discount amount will not be refunded, i.e. the refund will only be for the amount actually paid.
7.3 The refund method depends on the payment method used for the respective order. In the case of payments by credit card and PayPal, these are credited to the respective accounts. In all other cases, when IBAN information is provided, the refund is made to the indicated bank account. The refund is made within 14 days after receipt of the free resolution and receipt of the return of the merchandise, in terms of services clearemotions undertakes to return it within 12 hours.
7.4 In the absence of any of the components of the sold/rented item or if any of them are not in excellent condition, there will be no refund of the price or shipping costs, and the product will be sent back to the original shipping address, at the expense of the client.
7.5 Based on article 13, the fees for the payment method used at the time of purchase will be subtracted from the amount to be returned, which are as follows:
a) MBWay – 0.07 euros + 0.7% of the purchase amount, up to a maximum of 1.57 euros.
b) ATM – 0.65 euros
c) Paypal – 0.35 euros + 2.9% of the purchase price.
d) Credit card – 0.25 euros + 1.4% of the purchase price.
VAT is added to the values shown at the legal rate in force on the date of purchase.
7.6 Based on article 12, 3) the shipping cost will be subtracted from the amount to return when it is a non-“conventional” shipment such as urgent shipping (expressly indicated at the end of the order).
Complaints
8.1. The User may submit any contractual disputes to arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to Clearemotions.pt about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
8.2 The complaint must be presented within 30 (thirty) days from the User becoming aware of the facts, being registered in the Clearemotions.pt information systems, which will decide the complaint and notify the interested party within 30 (thirty) days from from the date of its reception.
Promotions and Discounts
At the Barbudos.pt store, discounts, promotions and offers are not cumulative, unless there is explicit information to the contrary. If in doubt, please contact us before making your purchase, in order to clarify all your doubts.
Orders with out-of-stock products
At Clearemotions.pt, it is possible to order out-of-stock products, with this information displayed on the respective product page.
Whenever you make a reservation/order with products out of stock, your order will go to the “Reserved” status and an email notification will be sent with all the information.
The estimated time for the dispatch/pick up service is an estimate of the reception of products at our points of sale. Once the products/services are received and organized, orders are processed normally.
Partial orders/services are not sent/accepted unless the customer pays the corresponding delivery amount or previously agreed with clearemotions.pt
Product guarantee
In case of defect in products after receipt or use, it is imperative that they be sent to our facilities to validate the defect and subsequently decide on the procedure to be taken, whether it is replacing the product, refunding the amount paid for the product or something else.
The cost of sending the product for evaluation is the responsibility of the buyer.
Applicable law
The Contract is governed by Portuguese law.
