In the event of a dispute that cannot be resolved amicably, any and all lawsuits will be subject to the jurisdiction of the courts in the defendant’s area of residence.
These general conditions of sale apply to any order placed on the website www.almada-fitness-center.pt by a natural person acting in a personal capacity as a consumer (hereinafter “the Customer”).
These conditions apply to all orders placed remotely by a consumer on our website.
These general conditions of sale are written in Portuguese and may be changed at any time. It is up to the Customer to inform himself of any changes to these conditions before placing any order.
The confirmation of the order by the Customer implies unreserved acceptance of the general conditions of sale. The general conditions presented on the website at the time of such confirmation will prevail over all previous versions, as well as over the conditions in force for the stores.
The prices of the Products are indicated in euros and include all taxes (in particular the environmental fee and VAT at the rate in force). Unless otherwise stated, prices shown do not include preparation and shipping costs.
We reserve the right to change the prices of the Products as we see fit. The tariff conditions in force on the date of validation of the order by the Customer will apply.
The Products offered for sale are those available at the time of confirmation and payment of the order by the Customer.
We reserve the right to change our offer at any time, namely by introducing new Products, eliminating Products or modifying their presentation.
The Products are presented in compliance with legal requirements and as accurately as possible.
There may be differences between the Products delivered and those presented on the website, especially in the case of Products that have been subject to adaptations within the scope of customizations. Since they do not respect the essential characteristics of the Products or jeopardize their quality, these differences cannot justify the cancellation of the order or the refusal to accept it. As it is not possible to guarantee a perfect representation of the Products on the website, in particular due to differences in the presentation of colors by internet browsing applications and/or display monitors, we cannot be held responsible for the inaccuracy of the photographs presented on the website.
At the request of Customers, some Products may be customized and made to measure.
Online Product orders can be exchanged or refunded within 14 days of placing the order, after which they become final and cannot, under any circumstances, be cancelled, refunded or exchanged or refunded.
Products made to measure or that have been the subject of a special order cannot be cancelled, refunded, exchanged or returned.
We are committed to delivering Products in compliance with the national and European provisions in force regarding the safety and health of people.
The Customer can place an order via:
– online, at www.almada-fitness-center.pt
– email to geral@almada-fitness-center.pt
We reserve the right to refuse an order for any legitimate reason, including the existence of an unresolved dispute arising from non-payment of a previous order.
Placing an order through the website www.almada-fitness-center.pt requires opening a customer account.
The Customer must add the selected products to their shopping cart.
The Customer has the possibility, before the definitive validation, to confirm the details and the total price of his order and, eventually, to introduce changes.
The acceptance of the order by the Customer is carried out by the respective payment agreement.
We will send you an order confirmation by e-mail as soon as possible, containing the essential data (order number, products ordered, place of delivery, etc.).
The Customer accepts that this order confirmation is considered as proof of the established contractual relations.
Deadline for requesting an order cancellation: 24 hours after purchase.
Payment will be made exclusively in euros and for the total amount of the order, using the following means:
As orders are only considered after the respective payment has been validated, no discounts or delay penalties apply.
The following bank cards are accepted: Visa and Mastercard.
Within the scope of its participation in the fight against internet fraud, we may be obliged to verify the bank details and/or the identity of the customers before any and all deliveries. When placing an order on the website www.almada-fitness-center.pt, the Customer undertakes to present us with the requested supporting documents. In case of non-submission of the requested elements within the specified period, we reserve the right to cancel the order subject to verification.
Any and all payments by bank transfer are made for the full amount at the time of ordering.
Our bank details will be communicated to the Customer on the order confirmation page and, also, by e-mail if the case so requires.
In case of non-receipt of the bank transfer within three (3) days from the confirmation of the order by the Customer, the order will be considered as canceled.
When validating his order, the Customer must enter his email address associated with PayPal as well as his PayPal password.
The Customer will be able to use the PayPal Express functionality that allows him to place an order directly from his Paypal account without having to open an account on our website.
If the Customer does not yet have a PayPal account, he will be directed, at the time of payment, to a PayPal account opening page, which will allow him to use this payment method.
The invoice addressed to the Customer must include the data presented by him in his customer account. The buyer has the possibility to change this data when placing any new order on the site, whether professional or private.
Delivery may take place at a pick-up point or at the Customer’s home by a carrier or by post. The type of transport and associated costs will be specified when placing the order and will depend on the nature of the order. Therefore, the method of delivery will differ depending on the weight, size and degree of fragility of the items ordered. The delivery point will also be reflected in the mode and cost of delivery.
Delivery by post: Your order will be delivered by a carrier specializing in express delivery. A courier will appear at your home after the goods have been shipped. Packages will be dropped off at your address portal. Prices include direct delivery to the home but not installation. You can request the tracking number from us to be able to follow the status of your order and where it is located.
Delivery by carrier: Delivery of the order is carried out by a specialized carrier. The carrier chosen and the delivery conditions will depend on the volume of the order. It is up to the Customer to confirm the details regarding the delivery when validating the order.
The inability of carriers to deliver the Products within the agreed period, due to the Customer’s absence or failure to inform of the need to use specific delivery methods, may result in the payment of additional delivery costs and/or the cancellation of the order. Product damage is transferred to the Customer upon physical delivery by carriers.
Upon delivery, the Customer must carry out the necessary examinations to detect any damage, shortages, defects or other visible problems or determine the non-compliance of the products delivered with his order. In particular, he must check the condition of the packages, the number of packages and the quantities, references, conditions and characteristics of the products.
Under penalty of inadmissibility of his complaint, the Customer must:
in the event of damage or shortages, state your reservations in the waybill, in a precise and substantiated manner, general declarations such as “subject to unpacking” being insufficient;
confirm your reservations regarding shortages or damage and formulate other reservations within three (3) days with Customer Service:
The Customer must also be in a position to present any and all justifications regarding the reality of the complaints presented and allow us, our carriers or any person authorized by us to proceed with the respective confirmation, and the Customer must refrain from intervening or to involve third parties for this purpose.
We attach great importance to the protection and respect of the privacy of our Customers and their personal data, and we undertake to comply with the applicable regulations, namely Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 We collect and process our Customers’ personal data for better management of the different stages of orders, as well as to answer questions and carry out satisfaction surveys after an order has been placed. The Customer has the right to access, rectify, oppose and delete their personal data. You can also request limitation of the portability of your data. The Client can exercise these rights by writing to the address geral[@]almada-fitness-center.pt, indicating his personal information (surname, first name, email address and telephone number). We may verify the Customer’s identity for security purposes in processing the order. For more detailed information on practices relating to personal data, the personal data protection policy can be found on the website www.almada-fitness-center.pt, in the “Privacy Policy” section.
The Customer has the right of free withdrawal for fourteen (14) calendar days from the date of receipt of the Products.
In order to exercise his right of free withdrawal, the Customer must access his customer account and the details of his order. In front of the product in question, you must send us an email to geral[@]almada-fitness-center.pt with the subject “Return a product” and indicate your order data (order number and recipient) as well as the reason for your decision.
The request will be immediately forwarded to Customer Service, which will contact the Customer to organize the return of the product and inform him of the procedure to follow, which will be different depending on the original shipping method of the product.
The exercise by the Customer of the right of free withdrawal implies the obligation to return the Products whose order was canceled within fourteen (14) days from the exercise of the right of free withdrawal, in perfect condition and in the original packaging.
The Customer will be reimbursed, as soon as possible and at the latest within fourteen (14) days from the date on which he exercised the right of free withdrawal, for all the amounts he has paid, on condition that we have received the Product(s) in perfect condition, in the original packaging(s) and with all its accessories.
This possibility does not apply to Products manufactured according to the Customer’s specifications and clearly personalized or which, due to their nature, cannot be re-shipped or are susceptible to deterioration.
No spontaneous returns will be accepted without our agreement.
We attach great importance to the protection and respect of the privacy of our Customers and their personal data, and we undertake to comply with the applicable regulations, namely Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 We collect and process our Customers’ personal data for better management of the different stages of orders, as well as to answer questions and carry out satisfaction surveys after an order has been placed. The Customer has the right to access, rectify, oppose and delete their personal data. You can also request limitation of the portability of your data. The Client can exercise these rights by writing to the address geral[@]almada-fitness-center.pt, indicating his personal information (surname, first name, email address and telephone number). We may verify the Customer’s identity for security purposes in processing the order. For more detailed information on practices relating to personal data, the personal data protection policy can be found on the website www.almada-fitness-center.pt, in the “Privacy Policy” section.
Navigation on the website www.almada-fitness-center.pt is the sole responsibility of the users. We are not responsible for any malfunctions, errors or computer viruses that may jeopardize the continuity of access to your website.
We do not assume responsibility for any direct or indirect damages, namely malfunctions, in the computer installation of users that may be found following access to the website.
In the case of purchases on a professional basis, we cannot be held responsible for any indirect damages arising from these conditions, operating losses, loss of profit, loss of opportunities and losses and damages or costs that may result from the purchase of products.
We cannot be held responsible for any damage of any nature resulting from a professional activity.
The occurrence of an unpredictable and insurmountable event whose effects are produced independently of our will that constitutes force majeure, namely and without this list being limiting, flood, fire, storm, lack of raw materials or strike, will imply the suspension of our obligations . We cannot be held liable for such breach of contract.
If the case of force majeure lasts longer than one (1) month, we may not honor the order, on condition that we reimburse the Customer for the amounts eventually paid by him within the scope of the order in question.
It is expressly agreed between us and the Customer that the email messages will be authentic between the parties, namely with regard to the nature and date of the order.
The Customer can access, in accordance with the rules of common law, the electronic contract concluded between the parties. For this purpose, the Customer must send an e-mail, to which he will present all the necessary information, namely the order number and his personal data.
If one or more provisions of these general conditions of sale are considered invalid or declared as such by force of law, regulation or final decision of a competent court, the other provisions will fully retain their effectiveness and scope of application.
The fact that one of the Parties has not required the application of any clause of these general conditions of sale, whether on a permanent or temporary basis, will under no circumstances be considered as a waiver of the rights of that Party arising from such clause.
The present general conditions of sale and the summary of the order sent to the Customer form a contractual set and constitute the entirety of the contractual relations between the parties.
The relations between Almada Fitness Center and customers regarding orders placed on the site are governed by Portuguese law.
Alternative dispute resolution is the possibility that all consumers have at their disposal to appeal to official entities that help them in the resolution, or guidance of any conflict, before opening litigious proceedings in the Courts.
The procedure is as follows: the customer asks an impartial third party to act as an intermediary between him and the trader who is the subject of his complaint. The intermediary can suggest a solution to your complaint, impose a solution on both parties, or bring the parties together to find a solution.
Thus, if he is dissatisfied with the acquisition of a service on our website, or with the solution presented by us to resolve the situation, the Customer can use the mediation service free of charge of one of the entities authorized to carry out the mediation and present his dispute. .
Entities authorized to mediate, conciliate and arbitrate consumer disputes in Portugal:
Under the terms and for the purposes of art. 18 of Law 144/2015 of 08/09, all users/consumers are informed that:
“In the event of a dispute, the consumer may resort to an Alternative Consumer Dispute Resolution Entity, namely:
• Center for Consumer Information and Arbitration Porto – CICAP
Address: Rua Damião de Góis, 31, Loja 6, 4050-225, Porto
Tel:+351 22 550 83 49 / +351 22 502 97 91
Fax:+351 22 502 61 09
Email: cicap@cicap.pt
Website: http://www.cicap.pt/
• Vale do Ave Consumer Dispute Arbitration Center / Arbitration Court – CACCVA
Address: Rua Capitão Alfredo Guimarães, 1, 4800-019 Guimarães
Tel:+351 253 422 410
Fax:+351 253 422 411
Email: triave@gmail.com
Website: http://www.triave.pt/
• National Center for Information and Arbitration of Consumer Disputes – CNIACC
Mail: Faculty of Law of Universidade Nova de Lisboa, Campus de Campolide, 1099-032 Lisbon
Phone: 21 384 74 84
E-mail: cniacc@fd.unl.pt
Website: http://www.arbitragemdeconsumo.org/index.php
For more information, consult the Consumer Portal – www.consumidor.pt – or access the online dispute resolution platform – https://webgate.ec.europa.eu/odr/main/index.cfm?event= main.home.chooseLanguage
If you are a consumer residing in another Member State, you can also file your complaint through the European Consumer Centre, by accessing the website – http://cec.consumidor.pt/
In the event of a dispute that cannot be resolved amicably, any and all lawsuits will be subject to the jurisdiction of the courts in the defendant’s area of residence.
Almada Fitness Center | Brightplanet, Lda. - NIF: 516492314 | Rua Capitão Leitão nº 33-A, 2800-132 - Almada | geral@almada-fitness-center.pt | +351 211 504 861
As transações no nosso site são efetuadas em euros (€).