Terms of service

CrossoversPT Online Store Terms and Conditions

1. Scope and Object of the General Conditions of the Store

1.1 These General Conditions are intended, with the order form, and the other elements referred to herein, to regulate the terms and conditions governing CrossoversPT Online Store services.

1.2. The Service consists of providing access to the Online Store, through the address www.crossovers.pt and www.crossoverspt.com, which, in addition to providing information on a set of products, allows the User, by electronic means, to order the products on it disclosed, under the terms and conditions described herein.

1.3. The elements and information transmitted by the User will enjoy full legal effects, the User recognizing electronic purchases, and that the User cannot claim the lack of signature for non-compliance with the obligations assumed.

1.4. When placing an order, the User acknowledges that he has read, understood and accepted, without reservation, these General Conditions.

1.5. CrossoversPT reserves the right to change these General Conditions at any time by publishing a new dated version on this website. When placing an order after CrossoversPT has published the new version of its General Conditions, the User agrees to be bound by that updated version.

2. Product Information and Contents

2.1. CrossoversPT will do everything possible so that the information presented does not contain typographical errors, and will be corrected whenever they occur. If the User purchases a product that has different characteristics to those presented online, he will have the right to terminate the purchase contract under the applicable legal terms (right of free resolution - see point 14).

2.2. CrossoversPT will do everything possible to send all the products ordered by the User, but it is possible that, in certain cases and due to causes that cannot be controlled by CrossoversPT, such as human error or a problem in the computer system, it will not be possible to provide any of the requested products by the User. If any product is not available after the User has placed the order, he will be notified, by email or by phone. At that time, he will be presented with the possibility to cancel the order with the respective refund, if he has already made the payment.

2.3. All information on prices, products, specifications, promotional actions and services may be changed at any time by CrossoversPT.

3. Responsibilities

3.1 All products sold in the CrossoversPT Online Store are in accordance with Portuguese Law.

3.2 The Store has adequate security levels, however CrossoversPT will not be responsible for any losses suffered by the User and / or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses that may affect the User's equipment. If for any reason of error in accessing the CrossoversPT Online Store website it is impossible to provide a service, CrossoversPT will not be responsible for any losses.

3.3 The consultations of data and information carried out within the scope of this Service are presumed to have been carried out by the User, and CrossoversPT declines any responsibility arising from the abusive or fraudulent use of the information obtained.

3.4 CrossoversPT will not be responsible for any losses or damages caused by abusive uses of the Service that are not directly attributable to it as a fraud or serious fault.

3.5 CrossoversPT is not responsible for the damage or damages resulting from the non-fulfillment or defective fulfillment of the Service when this is not directly or indirectly attributable by way of intent or serious fault, not being responsible in particular for:

(i) errors, omissions or other inaccuracies relating 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) for non-compliance or defective compliance that results from compliance with judicial decisions or administrative authorities or

(iv) for non-compliance or defective compliance that results from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside of CrossoversPT 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 controlled by CrossoversPT that prevent or hinder the fulfillment of the assumed obligations.

3.6. CrossoversPT does not guarantee that:

i) the Service is provided uninterruptedly, is safe, without errors or works infinitely;

ii) the quality of any product, service, information or any other material acquired or obtained through the Service fulfills any expectations of the User in relation to it;

iii) 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.

3.7. The User accepts that CrossoversPT can in no way be held responsible for any damage, including, but not limited to, damage due to loss of profits, data, content, or any other loss (even if previously notified by the User about the possibility occurrence of such damage), resulting from:

i) the use or impossibility of using the Service;

ii) the difficulty of obtaining any substitute for goods;

iii) unauthorized access or modification to personal databases.

4. Consumer Obligations

4.1. The User undertakes to:

i) Provide personal data and correct addresses;

ii) Do not use false identities;

iii) Respect the order limits imposed.

4.2. If any of the data is incorrect or insufficient, and for that reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and CrossoversPT declines any responsibility. In the event that the consumer breaches any of these obligations, CrossoversPT reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by CrossoversPT to the same User; and, still, not allow the future access of the User to any services provided by CrossoversPT.

5. Privacy and Protection of Personal Data

5.1. CrossoversPT guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified in the order form as mandatory are indispensable for the provision of the Service by CrossoversPT. The omission or inaccuracy of the data provided by the User is his sole and entire responsibility and may give rise to the refusal to provide the Service by CrossoversPT.

5.3. The User's personal data will be processed and stored in strict compliance with the provisions of Law No. 67/98, of 26 October, on the protection of personal data and is intended to be used by CrossoversPT in the context of the contractual and / or commercial relation with the User.

5.4. The User consents to the collection and computer processing of his data for the purposes of processing orders and communicating with Customers, processing requests for information and any complaints, statistical analysis, as well as for direct marketing purposes.

5.5. The User authorizes CrossoversPT to send information about products and campaigns, using personal data, for the purposes of direct marketing through any communication channel, namely e-mail or SMS.

5.6. Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to oppose their use for the purposes provided for in the previous number, and for this purpose, contact the entity responsible for the processing of personal data: CrossoversPT.

5.7. The specific conditions of the open structure and the global functioning of the Internet network may cause the User's personal data, other personal information and all the content hosted on the Service to circulate on the network without security conditions, even running the risk of be accessible and used by unauthorized third parties for this purpose, and CrossoversPT cannot be held responsible for such access and / or use.

6. Sales Values

6.1. The sales values ​​presented on the website must be understood in Euros with VAT included at the rate defined at the time of payment of the order, but excluding shipping costs.

6.2. Despite all efforts to ensure that this does not happen, some products may have an incorrect sales value, so they will always be checked when processing orders. If the sale price of the product is lower than that announced, CrossoversPT will refund the difference, if the sale price of the product is higher then CrossoversPT will inform the User by e-mail, providing him with a period of 15 days, counting from the date of receipt of the email, to decide whether to accept the new sales price or to opt out of the order.

6.3. Shipping costs will be added to the sales price.

6.3. Shipping costs will be added to the sales price. Shipping costs will be charged according to the amounts indicated on the website on the date the User places his order. Shipping costs will be calculated depending on the size of the order, the chosen delivery method and the delivery location.

6.4. CrossoversPT reserves the right to change its sales values ​​and shipping costs at any time as well as to cancel a contract in case of errors in writing, printing or calculation.

6.5. Unless expressly agreed, any claim submitted by the customer will not give him the right to suspend or defer a part or all of the payment due or to operate any compensation to his advantage.

7. Discounts and Promotions

7.1. CrossoversPT may carry out discounts or promotional campaigns on certain articles, which, when applicable, will appear on the website.

7.2. CrossoversPT may create customer cards with associated discounts on some items.

7.3. Under no circumstances will discounts or promotions be cumulative, namely discounts associated with the customer card with promotions that are in effect will not be cumulative, only the discount that is most beneficial for the User will apply.

8. Order

8.1. For the User to complete the order, the User must register as a customer by filling out the form available on the website, after adding the desired items to the shopping cart, he must proceed to checkout, following all the purchase steps that will appear until the end of the order.

8.2. Confirmation of the finalization of the order by the User is equivalent to full and complete acceptance of the sales values ​​and description of the products available for sale as well as these General Conditions.

8.3. CrossoversPT will honor orders received up to the limit of available stocks. Out of stock situations may occur after the User has finalized the order. In such cases, CrossoversPT undertakes to inform the User and to return any amounts that may have been paid.

8.4. The data contained in the invoice are the sole responsibility of the User, which cannot be changed after its issue.

8.5. The order placed on this website does not constitute a binding contract, unless and until CrossoversPT sends the respective confirmation by e-mail.

8.6. CrossoversPT reserves the right to refuse orders, namely those relating to obtaining credit or unpaid invoices.

8.7. The data recorded by CrossoversPT constitutes full proof of the order and the complete transaction. The data recorded by the payment system are full evidence of financial transactions.

8.8. Order requests are valid for 5 days, and it is not possible to guarantee stocks, sales values, discounts, promotions and offers beyond this period. If the payment is not registered by our services within that period, the order cannot be validated. In promotional campaigns, order requests may have shorter validity periods.

9. Customs duties

9.1. When ordering products for international deliveries in countries other than those from which CrossoversPT shipments come, the User will be considered as the importer, and must comply with the laws and regulations of the country where he will receive the goods.

9.2. The User may be subject to import duties and taxes due once the goods arrive in the country defined for delivery. Any additional costs due for customs clearance will be borne by him. CrossoversPT will not control such costs and will not be able to predict their amount. Customs policy varies considerably from country to country, so the User should contact the respective local authorities for additional information.

10. Pre-Orders

10.1. In the case of articles that are in pre-order, CrossoversPT will require the User to pay immediately a deposit of up to 50% on the value of the article, which is not subject to refund except in the situations described in 10.6. infra.

10.2. When the article arrives at CrossoversPT, it will communicate to the User, by e-mail, so that he proceeds to pay the remaining value of the article within a maximum period of 15 days, under penalty of cancellation of the order and loss of the deposit amount.

10.3. In case of withdrawal / cancellation by the User, CrossoversPT will not refund the amounts paid as a deposit, which the User expressly acknowledges and accepts.

10.4. If the User fails to pay the remainder of the price on the date indicated in 10.2. above, CrossoversPT will cancel the order and there will be no refund of the amounts paid as deposit, which the User expressly acknowledges and accepts.

10.5. The deadlines indicated on the website for the arrival of pre-orders are provided by distributors / manufacturers and are merely indicative, and CrossoversPT cannot be held responsible for their delay nor this can constitute a basis for the withdrawal / cancellation by the User.

10.6. If the manufacturer proceeds to cancel the item or there is a stock shortage at the distributor, CrossoversPT will refund the paid amount to the User by way of deposit, the latter not being entitled to any additional compensation.

10.7. In the case of pre-order items over € 350, the User will be able to access a phased payment plan up to a maximum of 12 installments, with the item being sent after confirmation of full payment. In this case, the User will immediately pay a deposit of up to 50% on the value of the item, which is not subject to refund except in the situations described in 10.6. supra. He will also proceed, within the available options, to choose the number of installments desired and the day of the month on which he intends to pay them. The system will then generate the payment plan with an indication of the value of each installment. Shipping costs, if any, will be added to the value of the last installment. If the User does not pay any of the installments within the agreed date, CrossoversPT will proceed to cancel the order and there will be no refund of the amounts paid up to that date, which the User expressly acknowledges and accepts. In case of withdrawal / cancellation by the User, CrossoversPT will not refund the amounts already paid by way of deposit and installments, a fact that the User expressly acknowledges and accepts. The deadlines indicated for the arrival of pre-orders are provided by distributors / manufacturers and are merely indicative, and CrossoversPT cannot be held responsible for their delay nor this can constitute a basis for the withdrawal / cancellation by the User. If the manufacturer proceeds to cancel the item or there is a stock shortage at the distributor, CrossoversPT will refund the User the sums paid by him, and the latter will not be entitled to any additional compensation.

11. Destination and shipping costs

11.1. CrossoversPT sells and delivers to mainland Portugal.

11.2. CrossoversPT reserves the right not to make sales to some countries even if they belong to the European continent.

11.3. Orders cannot be delivered to PO boxes.

11.4. CrossoversPT commits to deliver orders as soon as possible.

11.5. All orders confirmed by CrossoversPT will be delivered to the address specified by the User. The User is responsible for verifying the quantity and condition of the goods upon delivery. In case of detecting damages or missing items, the User must notify and submit a complaint to the carrier as well as inform CrossoversPT within 7 days after delivery to proceed with the return. In such circumstances, CrossoversPT will provide the User with identical replacement merchandise.

12. Payment

12.1. The available forms of payment are:

i) Paypal;

ii) Credit card;

iii) Bank transfer

12.2. The User will pay an amount corresponding to the sum of the value of the products ordered with the shipping costs.

12.3. Invoices are sent with the goods.

12.4. CrossoversPT reserves the right to refuse any new order until the balance is due.

12.5. CrossoversPT will use all its efforts to guarantee the maximum confidentiality and security in the data transmitted over the internet.

13. Order cancellation

13.1. The User may cancel his order by requesting it from CrossoversPT through the telephone number or e-mail referring the order number, which will be accepted as long as the order has not yet been processed. After processing, CrossoversPT will try to deliver it, but the User has the option of not accepting it. For the purpose of cancellation, the User must indicate the following data to CrossoversPT:

i) Order number;

ii) TIN with which you placed the order;

iii) Delivery address.

13.2. CrossoversPT reserves the right not to process orders when it finds any inconsistency in the personal data presented or observes misconduct on the part of the User. CrossoversPT reserves the right not to process any order or refund, in the event of errors in the values ​​and / or characteristics of the products, when they arise from technical problems or errors beyond CrossoversPT.

14. Devolution

14.1. The User can exercise the right of withdrawal without being required any compensation, within 14 (fourteen) days from the day on which he acquires physical possession of the asset. The User must, within 14 (fourteen) days from the date of the communication of the resolution, return the goods to CrossoversPT under the appropriate conditions of use. The packaging must be returned complete, as it was delivered and accompanied by all documentation received, namely, the following documents: sales invoice and the document that proves the receipt of the product. The packaging and the indicated documents must be sent free of charge to the address of CrossoversPT. If the User chooses other forms of return, the respective shipping costs will be his responsibility.

14.2. After receiving the return at CrossoversPT, the User will be refunded the amount corresponding to the amount paid for the order (value of the sales invoice). If he has used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid. The method of refunding the amount to be returned depends on the payment method used in the respective order. In the case of payments by credit card and PayPal, these are credited to the respective accounts. When NIB information is provided, the refund is made to the indicated bank account. The reimbursement is made up to 14 days after the receipt of the desire for free resolution and the receipt of the product.

14.3. In the absence of any of the components of the item sold or, if any of them are not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the initial shipping address.

14.4. Return costs are borne by the User. CrossoversPT does not accept any returns sent with postage to pay or cash on delivery.

14.5. The User cannot exercise the right of free resolution in the case of manifestly personalized products.

15. Intellectual property

15.1. The Online Store is a registered website and the Service provided by the website itself is the responsibility of CrossoversPT.

15.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.

15.3. The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws relating to industrial property and other property protection laws, therefore any use of such content may only occur under the express authorization of the respective owners.

15.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from practicing any acts that may violate the law or those rights, such as reproduction, commercialization, transmission or placement available to the public of such content or any other unauthorized acts which have as their object the same content.

16. Service Security Conditions

16.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the legislation applicable to the processing of personal data and advertising communications using automatic calling devices.

17. Store suspension and deactivation

17.1. Regardless of any prior or subsequent communication, CrossoversPT may, at any time, and in its sole discretion, discontinue the provision of the Store.

17.2. The suspension or termination of the Service by CrossoversPT, under the terms of the previous number, does not provide the right of the User or third parties to any indemnity or other compensation, and CrossoversPT cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension or cancellation of the Service.

18. Communications

18.1. 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 telephone contact. .

18.2. The User accepts to receive any and all communication and / or notification related to the Online Store, to the address, contact telephone number and / or email address indicated in the ordering process. At any time, he can request the non-receipt of these communications and / or notifications through the option "Do not receive the Newsletter" registered in each Newsletter or by direct contact with CrossoversPT by email.

19. Technical Settings

19.1. CrossoversPT may change the Service and / or the technical conditions for providing it, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) days in advance.

19.2. The current version of these General Conditions is available on the www.crossovers.pt and www.crossoverspt.com website

20. Claims

20.1. The User can submit any contractual conflicts, to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to CrossoversPT of acts and omissions that violate the legal provisions applicable to the acquisition of goods.

20.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User. After being registered in the information systems of CrossoversPT, CrossoversPT must reply to the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.

21. Applicable law

21.1. The law applicable to any contractual relationship established through the CrossoversPT website is Portuguese law.

21.2. For the resolution of any conflicts arising from the provision of services object of these General Conditions, the competent jurisdiction is that of the District of Lisbon, with express waiver of any other.

22. Limitation of Liability

22.1. The texts and photographs that illustrate and describe the products on this website are non-contractual, having only an informative character. CrossoversPT will not be responsible in case of errors or omissions in the photographs or texts displayed on the website.

22.2. For deliveries to countries other than those from which CrossoversPT shipments come, CrossoversPT will not be liable if the products do not comply with the laws and regulations of the country of delivery or in the event of incompatibility of the product.

22.3. Without restricting the scope of these General Conditions, no compensation, of any kind, whether related to products delivered or non-delivery of products, or otherwise, will be higher in value than the purchase price of the products for which compensation is required. Under no circumstances will CrossoversPT be liable for any indirect, casual or subsequent damages, of whatever nature (even if such damages are known or could have been known by CrossoversPT), which may arise in connection with its products, use, sale or with this website.

23. Force Majeure

23.1. CrossoversPT will make all reasonable efforts to fulfill its obligations. However, CrossoversPT cannot be held responsible for delays or non-delivery of goods due to circumstances beyond its control. Such circumstances include strikes, wars, natural or other catastrophes, which make the production, transport or delivery of products unfeasible.

23.2. In the event of a delay, CrossoversPT will fulfill its obligations as soon as reasonably possible, reserving the right to distribute any remaining product supply to customers in a fair and reasonable manner.

06/2020 CrossoversPT