Terms and Conditions
WWW.SAMADISURFSKATE.COM WEBSITE TERMS AND CONDITIONS
This document regulates the general terms and conditions of use of the SAMADI - COMÉRCIO DE ARTIGOS DE DESPORTO, Lda., commercial company headquartered at Avenida General Humberto Delgado nº 39A, Almada, 2825 - 279 Costa da Caparica, and NIPC 510.206.204.
GENERAL CONDITIONS
When using the WEBSITE, either through simple navigation or through the establishment of a commercial relationship with SAMADI, the User hereby acknowledges and accepts that it is bound by the following Terms and Conditions (or, Agreement), including the terms and conditions additional and specifics that may take place, as well as to the other policies present on the WEBSITE.
If you do not wish to be bound by these Terms and Conditions, you should not access the WEBSITE as well as the associated features and services.
These Terms and Conditions are applicable to all WEBSITE Users, including, without limitation, visitors, suppliers, customers, and others not specifically identified.
By agreeing to these Terms and Conditions, the User declares that he is of legal age to, according to his personal law, provide consent and be contractually bound by SAMADI. SAMADI reserves the right to refuse to provide the WEBSITE functionalities and services to anyone, for any reason, at any time.
SAMADI may update, modify or replace any part of these Terms and Conditions and the policies associated with them, announcing these changes on the WEBSITE, and it is also the User's responsibility to periodically check for any changes.
The continued access and use of the WEBSITE after the publication of any updates, modifications or substitutions to the Terms and Conditions and the policies associated with them, with the exception of the privacy policy, constitutes an acceptance and agreement with these updates, modifications or substitutions.
ACCEPTANCE
The use of the WEBSITE and associated services depends on the acceptance of these Terms and Conditions, therefore, if the User does not accept these Terms and Conditions, he will not be able to use the WEBSITE and the associated services.
By accepting these Terms and Conditions, the User makes this acceptance on his own behalf and / or the organization he represents, ensuring that he has the necessary powers to carry out this acceptance.
ACCURACY AND INTEGRITY
Although SAMADI makes every effort to keep Users' information up to date and accurate, Users accept and acknowledge that SAMADI cannot be held responsible for the accuracy and completeness of the information provided by Users on the WEBSITE, which may be inaccurate, incomplete or out of date.
USERS
By accepting these Terms and Conditions, the User declares that he is capable of accepting them, being over 16 years old;
The violation of the provisions of the previous number constitutes a basis for immediate resolution of these Terms and Conditions, without prejudice to the indemnity that occurs in favor of SAMADI due to potential damages or losses that it may have incurred as a result of false declarations.
The User recognizes and undertakes to carry out the following actions:
Not to use false identities;
To provide personal data, in a true and accurate manner, namely, so that SAMADI can properly process orders;
To refrain from introducing, storing or disseminating defamatory, obscene, insulting, xenophobic and / or any other content that violate the general principles of law and public order through the WEBSITE. The User is, therefore, expressly forbidden to transmit messages or information that is insulting, misleading, defamatory, obscene or that violates, in any way, the right to reserve the privacy of privacy or the intellectual or industrial property of third parties, as well as the availability of any information that could be harmful to third parties or to SAMADI.
SAMADI reserves the right to delete the User's account that materializes any of these situations.
REGISTRATION
The User who wishes to use the WEBSITE and associated services, must register as a User by creating an account, completing the registration process available online.
For the account creation process, the following data must be requested:
Name;
Genre;
Date of birth;
Email;
Password;
Alternatively, the User who wishes to use the “fast” type of purchase should only indicate his name, email address and telephone number, without the need to register and create an account.
The User is responsible for the veracity, completeness and legality of the data provided at the time of registration, as well as for its updating.
If the registration is carried out by a User representative, SAMADI may request a document that proves the necessary powers of representation for that purpose, and the User must provide this proof as soon as possible; Registration on the WEBSITE is necessary to comment and / or evaluate products. The comments section will be subject to prior moderation, only comments regarding the performance and quality of the products will be accepted.
ACCESS
Mere access to the WEBSITE is not subject to registration.
However, to take advantage of all the functionalities of the WEBSITE, the User can access the WEBSITE through the email and password previously indicated.
SAMADI has neither access nor knowledge of the password, the User being solely responsible for the safekeeping and good use of the password, and must modify it regularly, with SAMADI not being responsible for the inappropriate use or loss of the password. -pass.
In the event of loss or forgetting of any data accessing the WEBSITE, the User may request to reestablish or resubmit using his own tool.
SAMADI has the exclusive right, at any time, to suspend, partially or totally, access to the WEBSITE, especially in the operations of management, maintenance, repair, alteration or modernization and to close, definitively or temporarily, partially or totally, at any time, according to your will, the WEBSITE or any of the services, without prior notice.
ACCOUNT
The User accepts that the access data to the WEBSITE can only be used by the User, and the sharing of access data by several persons is not allowed.
The User must comply with good practices regarding the security of his account, namely, changing his password regularly and avoiding connections through networks open to the public.
SAMADI guarantees the security of the account within the security measures expected and appropriate for platforms such as the WEBSITE, having no responsibility other than that expressly provided for in Clause 14 of these Terms and Conditions.
All the contents inserted in your account, as well as all the activity that takes place therein, are the responsibility of the User, and SAMADI does not have any obligation to monitor the contents or (non) fulfillment of any User responsibilities, namely of fulfillment of obligations towards other Users or before national authorities.
The User, by accepting these Terms and Conditions, expressly declares that he will not use the WEBSITE and the services associated with its use for any illegal and / or unlawful purposes, which constitute fraud or which are not authorized.
PRODUCT CATALOG
On the WEBSITE, products sold by SAMADI are available.
The product information presented on the WEBSITE only provides a brief informative summary for the convenience of the User.
SAMADI will endeavor to guarantee the updating and accuracy of the information and data contained in the WEBSITE, however, it does not undertake to update or correct this information.
SAMADI makes no warranty, express or implied, as to the accuracy or completeness of any information (including information about goods and services) included on the WEBSITE, which the User recognizes and accepts.
At any time, SAMADI may change, delete or move any information on the WEBSITE, without prior notice.
Users accept and expressly acknowledge that:
The photographs presented on the WEBSITE are merely illustrative;
Detailed information about the products and their characteristics / specifications can be consulted with SAMADI
The exposed price is the price recommended by and can be changed at any time. The VAT included in all prices mentioned corresponds to the rate applicable on the day of the order and any change to the applicable VAT will have an immediate reflection on the prices of the products;
does not guarantee the existence in stock of the articles included in the WEBSITE;
SAMADI will not assume responsibility for any discontinued items.
The prices and products available on the WEBSITE are only valid for purchase orders made through the WEBSITE, and may not coincide with the prices practiced in stores, except for promotions indicated expressly online.
SAMADI refuses any responsibility for any delay or impossibility of processing the order, namely in the act of delivery, due to error or insufficiency of the data communicated by the User.
INTELLECTUAL PROPERTY
The User acknowledges that the ownership and title over all intellectual property rights on the WEBSITE, including, in particular, rights over the software, codes (source, object, etc.), copyright, trademarks and trade secrets , are and will remain the property of SAMADI.
Likewise, the workflow processes, user interface, designs, text, visual, sound, know-how and other technologies provided by SAMADI as part of the service are the property of SAMADI, as well as all rights, titles and interests related to those referred to, including all associated intellectual property rights, which remain with SAMADI only. The registration and creation of an account by the User does not grant him any license with respect to those rights, nor can it be presumed, at any time, that he does.
These terms do not give the User any rights to use any brands and / or logos belonging to SAMADI.
The User will not copy, translate, disassemble or decompile, nor create or attempt to create, by reverse engineering or otherwise, the source code and / or object of the WEBSITE.
The User will not remove any confidentiality or intellectual property notices.
SAMADI guarantees that, within the expected and reasonable knowledge they have, it does not infringe any intellectual property rights of third parties.
SAMADI reserves all rights that are not expressly provided for and listed in this clause, and cannot, at any time, be interpreted in a different sense, and should, in case of doubt, always be interpreted in the sense that the use in doubt is expressly prohibited by SAMADI. The following actions are expressly prohibited to the User:
Sell, resell, redistribute, sublicense, rent or lease the WEBSITE, in whole or in part, unless otherwise provided in the context of an order or other written agreement with SAMADI, as well as using the WEBSITE to store or transmit illegal or illicit material ;
Use the WEBSITE to store or transmit material that violates the rights of third parties;
Interfere or interrupt the integrity or performance of services;
It seeks to obtain unauthorized access to the WEBSITE and / or its computer systems;
Test and assess the vulnerability of the system and break the installed security;
Decompile, disassemble, reverse engineer the WEBSITE;
Seek to obtain the source code, modify, decrypt, or create derivative works from the WEBSITE or any services provided within its scope or otherwise provided under the terms of this Agreement;
Access or use the WEBSITE to build a competing service and / or product, or copy any feature, function or graphic for competition purposes.
If the User violates any of the aforementioned provisions, in addition to SAMADI's right to immediately resolve these Terms and Conditions, the User undertakes to compensate SAMADI in an amount never lower than € 500,000.00 (five hundred thousand euros) , without precluding the right to request additional compensation in court for damages, namely, compensation paid to third parties and expenses with courts and forensic representation.
PERSONAL INFORMATION AND PRIVACY POLICY
The treatment of personal information within the scope of data protection is governed by the WEBSITE's Privacy Policy, which must be consulted for this purpose.
The User may not use software tools to collect information of a personal nature, namely robots, crawlers or other automatic mechanisms.
SAFETY
The User is responsible for obtaining, maintaining and paying the necessary licenses for all the hardware and software that he uses to access the WEBSITE and perform the associated services.
SAMADI will take the necessary technological measures aimed at the effective protection of computer systems and their hardware, namely with regard to viruses, worms, trojans and spyware and other malicious software.
If SAMADI intentionally fails to perform this obligation, it will be responsible for the losses that the User may incur, with the limitations established in number 14.3 of this section.
The User must use the WEBSITE and associated services in accordance with SAMADI's instructions and obligations in these Terms and Conditions, also committing to implement the necessary and adequate security measures for the protection of systems and services.
If there is a breach of security, regardless of whether or not it jeopardizes the security and integrity of the data and systems of either Party, the Party that is aware of it shall immediately inform the other Party of the situation.
If there is a suspicion that the breach of security sought to erase, alter, destroy, in whole or in part, damage, suppress or render unusable or inaccessible computer programs or other data, hinder, prevent, interrupt or severely disrupt the operation the computer system, by introducing, transmitting, deteriorating, damaging, altering, deleting, preventing access or deleting programs or other computer data or any other form of interference with the computer system, or attempting to illegitimately access or intercept computer systems, the affected Party should file a complaint with the competent authorities.
Failure to comply with the obligation of this clause will correspond to a just cause for immediate resolution of the Terms and Conditions.
SERVICES
SAMADI ensures that it will keep the WEBSITE up to date, with the referred updates resulting from maintenance services automatically made available by SAMADI according to the schedule established for the evolution of the WEBSITE.
It will not be necessary for the User to request any intervention to access the updated WEBSITE.
SAMADI will endeavor to ensure that access to the WEBSITE (uptime) occurs on a continuous availability basis, but cannot guarantee that such availability does occur, which the User accepts and acknowledges, renouncing any compensation due to the lack of availability.
The User accepts and acknowledges that performance and availability problems that may have the cause and / or origin may occur:
Congestion, slowdown or general unavailability of the Internet;
Unavailability of generic Internet services (for example, DNS servers), due to external attacks;
Force majeure events, ie, any unpredictable and unavoidable event, beyond the control of the Parties, that prevents them, totally or partially, permanently or temporarily, from achieving their objectives and fulfilling their obligations on the dates and deadlines contractually fixed, namely, and without the enumeration being limiting, the state of war, declared or not, rebellions or riots, natural disasters such as fires, floods and earthquakes and communications cuts may take on the nature of force majeure;
Actions or omissions of the User or third parties outside of SAMADI's control As a result of the User's or third party's computer system;
The maintenance of the WEBSITE scheduled by SAMADI as well as the updates that occur.
COMMUNICATIONS
By accepting these Terms and Conditions, the User expressly accepts that notifications that are made by SAMADI within the scope of the Services are made electronically to the email address indicated by the User in his registration.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The User agrees that SAMADI has no responsibility, direct or indirect, for the use that the User makes of the WEBSITE, being the sole and exclusive responsibility of the User to use it.
The service and all services made available and provided through the WEBSITE, except where expressly stated otherwise, is provided "as is" for your use, with no representation, warranty or condition of any kind, express or implied, including implied warranties regarding merchantability, commercial quality, fitness for a particular purpose, durability, title and non-infringement of rights.
The User accepts and expressly declares that in no case will SAMADI its corporate bodies, managers, employees, partners, agents, contracted service providers, interns, suppliers and licensors be responsible for any damage, loss, claim or direct, indirect damage, incidental, or of any other type, including, without limitation, lost profits, loss of revenue, loss of data, replacement costs, or any similar damages, whether based on contract, unlawful act with or without intent, arising from the use, or related to it, from the WEBSITE or from any services purchased using the WEBSITE, including, but not limited to, any errors or omissions in any content published, transmitted, or otherwise made available through the WEBSITE, in the latter case, and if so decided by the competent court, SAMADI liability limited to a limit that will never exceed the maximum limit of the value established national minimum wage discounted from the Consumer Price Index.
SAMADI may provide links to pages of other entities. These websites are not owned or operated or controlled by SAMADI, so SAMADI is not responsible, approves or in any way supports or subscribes to the content of these websites, or the websites linked to or referred to in them, and the User should read the policy of privacy and their terms and conditions. The establishment of links to other websites does not, under any circumstances, imply the existence of relations between SAMADI and the owner or manager of the website to which the link refers. In the event of finding on other websites, links that allow you to access WWW.SAMADISURFSKATE.COM, SAMADI, will have no responsibility neither for the origin of that website nor for the contents registered therein.
STATEMENTS AND GUARANTEES
In the event that any provision of these Terms and Conditions is declared by a competent court to be unlawful, null or ineffective, that provision will be replaced, in whole or in part, by another that is enforceable, in order to reflect as closely as possible the terms of the clause in question, without affecting the validity of the remaining clauses. The User agrees to guarantee the position of SAMADI Lda defending it, as well as its corporate bodies, managers, employees, partners, agents, contracted service providers, interns, suppliers, licensors of any claim or demand made by any third party due to , or as a result of your violation of these Terms and Conditions or of the policies that integrate the way the WEBSITE and services operate, as well as the violation and / or violation of any law or the rights of third parties.
The lack of requirement, at any given time, for the User to comply with any of his contractual obligations established herein, does not imply a waiver of any rights, nor does it entail the acquisition of a right by the User.
RESOLUTION
Both SAMADI and the User will be able to immediately resolve these Terms and Conditions by giving written notification to that effect.
In this sense, SAMADI makes available here the Resolution Form, which the User must download, fill and send scanned by email to: info@samadisurfskate.com
SAMADI will consider that the User has resolved these Terms and Conditions when there is no use of the WEBSITE for a period of 24 (twenty four) consecutive months. SAMADI may resolve these Terms and Conditions and associated Policies, without notice, if the User:
Committing a serious violation of these Terms and Conditions;
Any other non-compliance situation that may prevent or materially affect these Terms and Conditions occurs;
An infringement of intellectual property rights occurs;
In the face of evidence of fraud or misuse.
The immediate resolution of these Terms and Conditions implies that the associated account is canceled, and, consequently, access to it is prevented.
The rights and obligations constituted by any of the Terms and Conditions and policies associated with it, which must remain after the resolution, will remain in force for all purposes, namely, those relating to credits receivable by SAMADI or by its partners.
With the resolution of these Terms and Conditions, the User can no longer use the WEBSITE and associated services.
INTEGRAL AGREEMENT
These Terms and Conditions, including their policies, constitute the complete agreement between the User and SAMADI regarding the use of the WEBSITE and associated services.
Your Policies are an integral part of these Terms and Conditions, and cannot be separated from them.
The entry into force of new Policies after the date of these Terms and Conditions, will give rise to the amendment of these Terms and Conditions through their integration.
In case of contradiction or non-conformity between the documents that make up these Terms and Conditions, these prevail over the Policies.
SAMADI may, at any time, update, modify or replace any part of these Terms and Conditions and the Policies associated with them, announcing these modifications on its own site on the WEBSITE home page or via email, and it is also the User's responsibility to verify this page periodically to be aware of any changes, the new version always prevailing over any previous version.
The User acknowledges and accepts that the continued access and use of the WEBSITE and associated services after the publication of any updates, modifications or substitutions to the WEBSITE Terms and Conditions and associated services and the Policies associated with them constitutes an acceptance and agreement with these updates, modifications or replacements.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions, as well as the associated Policies, are governed by the applicable provisions of Portuguese law. SAMADI is not bound by adherence or legal imposition resulting from the necessary arbitration to any alternative consumer dispute resolution entity.
Both the User and SAMADI assume that they will use their best efforts to resolve in a timely manner and by agreement any dispute arising under the Terms and Conditions, as well as the Policies.
CLIENT SUPPORT
SAMADI has a Customer Support Service which can be reached through the email address info@samadisurfskate.com or by calling +351 925 670 534 from 9:00 am to 6:00 pm, Monday to Friday. In order to clarify most of the doubts arising from the use of the WEBSITE, SAMADI also provides a List of Frequently Asked Questions that you can consult here.
LAST VERSION
12, FEBRUARY 2020. LISBON (PORTUGAL)