1. Terms and Conditions of the Online Store III Oceans Sportswear
The use of this site is governed by the conditions contained in this document.
2. Remarks
The III Oceans Sportswear is a brand owned and operated by Speed Odyssey, Lda. The www.3oceans-sportswear.com web site / store was built with the aim of ensuring excellence, security and constant respect for your privacy. If you have any questions, comments or concerns about our privacy practices, please contact us by e-mail at info@3oceans-sportswear.com or customer service by calling tel. (+351) 223 237 881, from Monday to Friday from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 6:00 p.m.
3. Scope and Purpose of the General Conditions of the Shop
The present General Conditions are intended to regulate the terms and conditions governing the provision of the online store service of III OCEANS SPORTSWEAR. The site / online store www.3oceans-sportswear.com, is intended for the dissemination and commercialization of goods and services by SPEED ODYSSEY, LDA, NIPC 510 268 544, headquartered at Rua Dom Pedro V, Ed. Polama, 735, Room 8, 4755 308 Trofa, hereinafter referred to as “III Oceans”. The ordering of products must be made by users who are 18 or older (eighteen) years old (individuals under the age of consent must be authorized by their representatives). The elements and information transmitted by the user will enjoy full legal effects, recognizing the user’s electronic purchases, and can not claim the lack of signature for non-compliance with the obligations assumed.
4. Product Information and Contents
The illustrative photographs of the products presented here do not enter into the contractual field and do not replace any commitment on the part of III Oceans. The information provided herein is based on the information provided to III Oceans by its suppliers, and we make every effort to ensure that the information presented is free of typographical errors. However, whenever errors occur we will, as soon as possible, correct them. In case the information presented does not correspond to the characteristics of the product, the customer will be informed and will have the right to cancel his purchase and proceed to the resolution of the purchase contract in accordance with applicable legal terms (right of free resolution – see item 9).
III Oceans will make every effort to ship all of the ordered products, but it is possible that in certain cases and due to causes not controllable by III Oceans, such as human errors or incidences in the computer systems, it is not possible to make available any of the ordered products By the user. If any product is not available after you have placed the order, you will be notified, by email or by phone.
At this point you will be presented with the possibility of canceling the order with the respective refund, if you have already made the respective payment.
All information on price, products, specifications, promotional actions and services may be changed at any time by III Oceans.
5. Responsibilities
5.1 All products and services sold in the Online Store III Oceans are in accordance with Portuguese Law.
5.2 The Store has adequate security levels, however, III Oceans shall not be liable for any damages suffered by the user and / or third parties due to delays, interruptions, errors and suspensions of communications that originate in factors outside his / her In particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, the modems, the connection software or any computer viruses or from downloading via the file service Infected or containing viruses or other property that may affect your equipment. If for any reason of error of access to the website of the online store III Oceans is impossible to provide service, III Oceans will not be responsible for any damages.
5.3 Inquiries of data and information made within the scope of this Service are presumed to be made by the user, and Oceans III declines any responsibility arising from the misuse or fraudulent use of the information obtained.
5.4 Oceans III shall not be liable for any loss or damage caused by abusive use of the Service which is not directly attributable to it by way of intent or gross negligence.
5.5 III Oceans shall not be liable for any loss or damage resulting from a breach or defective performance of the service if it is not directly or indirectly attributable to it as a felony or gross negligence and is not liable for (i) errors, omissions or other inaccuracies Information made available through the Service; (Ii) damages caused by the fault of the user or third parties, including infringements of intellectual property, (iii) failure to comply with or faulty compliance resulting from compliance with judicial decisions or administrative authorities or (iv) failure or failure to comply Situations of extraordinary or unforeseeable nature outside the III Oceans and which can not be controlled, such as fires, power outages, explosions, wars, riots, civil unrest, governmental decisions , Strikes, earthquakes, floods or other natural disasters or other situations not controllable by III Oceans that prevent or impair the fulfillment of the obligations assumed.
5.6 Oceans does not guarantee that:
i) the service is provided uninterrupted, is safe, without errors or operates infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the service fulfills any expectations of the user in relation to it;
iii) any material obtained in any way through the use of the service is used at the user’s risk and the sole responsibility for any damage caused to his system and computer equipment or any loss of data resulting from such operation.
iv) no advice or information, whether oral or written, obtained by the user from or through the service will create any guarantee that is not expressed in these general conditions.
5.7 You agree that III Oceans can not in any way be held liable for any damages, including, but not limited to, damages for loss of profits, data, contents, or any other losses (even if you have been previously advised by the user about The possibility of such damages), resulting:
i) the use or impossibility of using the service;
ii) the difficulty of obtaining any substitute of goods / services;
iii) unauthorized access or modification to personal databases.
6. Consumer Obligations
6.1 The user undertakes to:
i) provide personal data and correct addresses;
ii) do not use false identities;
iii) respect the limits of orders imposed.
6.2 If any of the data is incorrect or is insufficient, and therefore there is a delay or impossibility in the processing of the order, or non-delivery, the responsibility is the user, and III Oceans declines any responsibility. In the event that the consumer breaches any of these obligations, III Oceans reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided simultaneously by III Oceans to the same user; And also does not allow your future access to any or any services provided by III Oceans.
6.3 The use of products and services purchased for commercial purposes, namely for resale of goods, is expressly prohibited.
7. Privacy and Protection of Personal Data
7.1 except as otherwise provided in this Privacy Policy, III Oceans collects and stores the information, including personal data that you voluntarily provide or post on the site. For example, if you decide to subscribe to our communications by e-mail, you may be asked for your e-mail address. If you prefer that we do not collect such personal information about you, you should not provide such information. The site www.3oceans-sportswear.com collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. There is information about your computer, both hardware and software, which is automatically collected by www.3oceans-sportswear.com. This information can include your IP address, browser type, domain names, access times and addresses of referring websites. This information is used by www.3oceans-sportswear.com to ensure the quality of the service, and to provide general statistics regarding use of the site. Note: www.3oceans-sportswear.com does not read any of your private online communications. We may use the personal information you provide us to create and send you our newsletters or other communications containing information about products or promotions, as well as for opinion surveys on current or future services to be made available. If you prefer not to receive such communications, you should choose not to receive them under the terms provided by law. The www.3oceans-sportswear.com website may use aggregate (anonymous) personal data you provide for internal business purposes, such as producing statistics and developing marketing plans. We may collect, store or accumulate certain non-personally identifiable information regarding the use of this site, such as information about which of our pages is most visited. We may sell or transfer such non-personally identifiable information to our affiliates, licensors, licensed entities and partners. We will not disclose your personal information to third parties without your consent, except as provided in this Privacy Policy.
The www.3oceans-sportswear.com website may communicate any information, including personal information, necessary to comply with any applicable laws, regulations, court cases or state decisions. The www.3oceans-sportswear.com website / store will keep your personal information, unless you tell us that you no longer wish to receive our communications or become part of our database. If you wish to be removed from our database, you can notify us, at all times, III Oceans makes it clear that registration is not required to access the site / online store www.3oceans-sportswear.com, you only need to register If you want to make a purchase.
All orders placed at www.3oceans-sportswear.com, will be made: via internet, through the site / online store www.3oceans-sportswear.com 24 / 24h and 7/7 day. The customer will receive, by e-mail, the confirmation of the request made.
7.2 When visiting this site or viewing one of our e-mails, the www.3oceans-sportswear.com site / store may use pixel tags (also called clear gifs), link flow detectors and / or similar technology to record some Of the pages you visit and customize your visit. We may also use pixel tags to determine the types of email your browser supports. We may use the information collected through pixel tags, flowchart detectors and similar technology in combination with your personal data. We may place a “cookie” on your computer’s hard drive so that we can recognize you as a frequent user and customize your visit. A cookie is a set of data that allows us to locate and target your preferences and allows you to make better use of the site. The cookie will be stored on your computer’s hard disk until you remove it. We may also use temporary or “session” cookies to help you use this site. These cookies expire when you leave the site. You can configure your browser to notify you of the existence of cookies or to reject them automatically. The “help” of the toolbar of most navigation programs will tell you how to stop accepting new cookies. If you reject our cookies, you may continue to use our site, but you may experience limitations in using some of its features. Some of the commercial partners of III Oceans or owners of sites with links to our site may also use cookies as part of your visit to our site; However, we do not have access to or control over these cookies and we accept no responsibility for such use. In addition, we can use Internet Protocol (IP) addresses to analyze trends, administer our site, track traffic patterns, and gather demographic information for aggregate use. Except as otherwise provided in this Privacy Policy, we will not use IP addresses in combination with your personally identifiable information without your prior consent.
7.3 We may contract other companies and individuals to perform tasks on our behalf, related to the purposes set forth in this Privacy Policy. Examples may include data analysis firms, customer support specialists, website hosting companies, and execution companies (eg, companies that coordinate mailings). Such third parties may benefit from access to your personal data necessary to perform their duties, but may not use this information for other purposes.
7.4 We may hire other companies and individuals to perform tasks on our behalf, related to the purposes set forth in this Privacy Policy. Examples may include data analysis firms, customer support specialists, website hosting companies, and execution companies (eg, companies that coordinate mailings). Such third parties may benefit from access to your personal data necessary to perform their duties, but may not use this information for other purposes.
7.5 The personal data identified in the order form as being of obligatory supply are indispensable for the provision of the service by III Oceans. The omission or inaccuracy of the data provided by the User is of its sole and entire responsibility and may give rise to the refusal to provide the service by III Oceans.
7.6 The personal data of the user will be processed and stored computerized and are intended to be used by III Oceans in the contractual and / or commercial relationship with the user and, in case of authorization by the user, for the commercialization of other products and services Of the III Oceans.
7.7 According to the applicable legislation, the user is guaranteed, without additional charges, the right of access, rectification and updating of their personal data, either directly or by written request, as well as the right to oppose the use of the same for the intended purposes In the previous number, and for this purpose you must contact the entity responsible for the processing of personal data through the email address: info@3oceans-sportswear.com.
7.8 The internet is an open network, so that the personal data of the user, other personal information and all content hosted on the service may circulate in the network without security conditions, including the risk of being accessible and used by unauthorized third parties To this effect, and III Oceans can not be held liable for such access and / or use.
8. Cancellation of orders
8.1. GENERAL
The return can only be made by the person who made the purchase.
8.2. ORDER CANCELLATION
a) You can proceed with the cancellation of the order, as long as it has not yet been issued.
b) If you wish to cancel your order, you should immediately consult customer service by calling tel. (+351) 223 237 881, from Monday to Friday from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 6:00 p.m.) or by email info@3oceans-sportswear.com and request the cancellation of the same.
Note: only after the above procedure is that the cancellation will materialize. After processing the information you will receive via email the confirmation of the cancellation requested.
8.3. RETURN OF DEFECTIVE PRODUCTS OR ABNORMAL WEAR
a) You have the right to return the purchased product (s), if they have defects or abnormal wear for normal use;
b) SPEED ODYSSEY, LDA, shall analyze the reasons and reasons for the return and inform the buyer as soon as possible;
c) In the event of the indicated defect or abnormal wear and tear in normal use, SPEED ODYSEEY, LDA, shall, within a period of 10 days from the communication of the decision, reimburse the amount due, which shall include the cost of Have been borne by the buyer;
d) If the indicated defect or abnormal wear is not verified for normal use, SPEED ODYSSEY, LDA, will not reimburse any amount to the buyer.
e) It is mandatory to fill out the return / exchange form, which accompanies the product;
f) The return shipping costs will always be borne by the buyer.
8.4. RETURN BY PURCHASE DETENTION
a) Upon receipt of the product the buyer has a maximum period of 15 days, to return by withdrawing the purchase or exchange his product;
b) The product can not show signs of any washing or any use other than proof of size and shape;
c) The product must retain its original appearance without any tampering. The packaging must not be damaged beyond what is necessary for careful opening;
d) The product must be returned with the respective identification tags;
e) The amount of the refund will exclude the return costs when they are borne by the buyer;
f) The reimbursement of the amount due will be immediate after receipt of the product and verification of the referred in the previous points;
g) It is mandatory to fill out the return / exchange form, which accompanies the product;
h) The return shipping costs will always be borne by the buyer.
For more information, you should immediately consult customer service by calling tel. (+351) 223 237 881, from Monday to Friday from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 6:00 p.m. or by email info@3oceans-sportswear.com.
9. Intellectual property
9.1 The site / online store www.3oceans-sportswear.com is registered and the service provided is the responsibility of III Oceans.
9.2 The user acknowledges that the service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
9.3 You acknowledge that any content contained in the advertising, prominence, promotion or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, That any use of such content may only occur under the express authorization of the respective owners.
9.4 The user undertakes to respect in full the rights referred to in the preceding paragraph, in particular by refraining from performing any acts that may violate the law or said rights, such as reproduction, marketing, transmission or Making available to the public such content or any other unauthorized acts that have the same content.
10. Service Security Conditions
10.1 The user undertakes to observe all applicable legal provisions, in particular, not to practice or encourage the practice of illegal acts or offenses of good behavior, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions in Legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and also to observe the rules of use of the service, otherwise III Oceans suspend or deactivate the service.
10.2 The user expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that can be used by several users and, as such, is subject to computer overload, and therefore Oceans does not guarantee the provision of the service without interruption, loss of Information or delays.
10.3 III Oceans does not also guarantee the provision of the service in situations of unpredictable overload of the systems where it is supported or of force majeure (situations of an extraordinary or unforeseeable nature, outside the III Oceans and which can not be controlled by it).
10.4 In the event of interruption of the provision of the service due to unpredictable overload of the systems in which it is supported, III Oceans undertakes to regularize its operation as soon as possible.
11. Suspension and deactivation of the Shop
11.1 Notwithstanding any prior or subsequent communication, III Oceans may, at any time and in its sole discretion, discontinue the provision of the service and / or part of the service to one or all users.
11.2 III Oceans reserves the right to suspend or immediately cease access to the service in the following cases:
i. When the user does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
ii. When III Oceans ceases access to the store, by giving prior notice 15 days prior to the date of termination.
11.3 The suspension or termination of service by III Oceans under the terms of the previous numbers does not matter the right of the user or third parties to any compensation or other compensation, and III Oceans can not be held liable or otherwise encumbered by any resulting consequence Suspension, cancellation, cancellation of service.
12. Communications
12.1 Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the user that relate to the service, including any changes to these General Conditions, may be made to the User’s email address, by SMS or contact Phone.
12.2 The user agrees to receive any communication and / or notification related to the online store, to the address, telephone number and or e-mail address (“e-mail”) indicated in the ordering process.
12.3 At any time, you may request that these communications and / or notifications not be received through email info@3oceans-sportswear.com or through the option “Do not receive the Newsletter” in each newsletter.
13. Technical Settings
13.1 Without prejudice to the provisions of the following paragraph, III Oceans may change the service and / or the technical conditions for its provision, as well as the respective rules of use, and shall disclose such changes to the user at least fifteen (15) Days.
13.2 The current version of these General Conditions and their annexes are available at www.3oceans-sportswear.com.
14. Communications
14.1 Whenever Oceans III deems it necessary or desirable to optimize the browsing experience and / or improve connectivity conditions, it may remotely rework the network settings.
14.2 Without prejudice to the provisions of the following paragraphs, and in view of the innovative nature of the service and the technological developments to which it may be subject, III Oceans may change the technical configuration of the service whenever this proves convenient to adapt to any technological developments.
14.3 III Oceans does not, however, guarantee the user to perform any upgrades or improvements in the service.
15. Claims
15.1 The user may submit any contractual conflicts, arbitration and mediation mechanisms that are or may be legally constituted, as well as claim from the III Oceans of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
15.2 The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the user, being registered in the information systems of III Oceans that should decide the complaint and notify the interested party within a maximum period of 30 Thirty (30) days from the date of receipt.
16. Applicable law
16.1 The Contract is governed by Portuguese law.
LEGAL INFORMATION – CONSUMER LAW
In a litigation situation the consumer may have recourse to:
– Arbitration Tribunal of the Arbitration Center for Consumer Conflicts of Vale do Ave.
Rua Alfredo Guimarães 1, 4800 019 Guimarães
Phone: 253 422 410
Fax. 253 422 411
www.triave.pt
www.consumidor.pt