1. Subject
These General Conditions are presented in order to define the modalities of sale on the Internet between Fenix Fishing and its customers identified below. Any person who registers and orders on the website www.fenixfishing.pt whether he is a private customer or not becomes a customer under these general terms and conditions.
1.1 Field of application
These General Conditions of Sale govern the sale of products on the website www.fenixfishing.pt from the day of the order validation.
The general conditions of sale apply to orders that have been placed by internet, e-mail or fax.
1.2 Customer Acceptance
Whenever the customer validates his order is committed to the express acceptance of these General Conditions of Sale.
These General Conditions apply to the exclusion of all other conditions, unless agreed by both parties.
The purchase by e-mail, fax or postal mail also implies acceptance of the conditions drawn up herein.
1.3 Amendment of the General Conditions of Sale
Fenix Fishing reserves the right to modify without notice the conditions of use or other regulations published on the website. Therefore, you should regularly consult the conditions of use since the continued use of the website presupposes the unreserved acceptance of the changes made to them and the subjection of the terms and conditions expressed in the latest version.
1.4 Characteristics of products
Fenix Fishing strives to present in the best way, the essential characteristics of the products in collaboration with manufacturers, however, some colors of the images of the products presented may seem different from reality and depend on factors outside the sphere of responsibility of Fenix Fishing.
The products proposed are in accordance with existing European legislation and the rules applicable in Europe.
1.5 Prices
1.5.1 The sales prices indicated on the website are presented in Euros, with fees and taxes included in the prices of sale to the public and only valid for online orders and in certain circumstances may not be those presented in the physical store. Prices shown on this website do not include postage
1.5.2 The prices shown on this website are subject to change at any time without notice.
1.5.3 All prices indicated are correct unless the data is included.
If an order is placed on an item whose price is wrong we reserve the right to cancel the order and to refund the customer the amount paid.
2. Value Added Tax (VAT)
2.1 Application
All orders will be accompanied by the respective invoice mentioning the VAT amount according to the law in force.
2.2 Rate
All prices include the legal VAT rate in force.
3. Order
3.1 Order preparation
When placing an order through the website, the customer must fill out the form submitted for this purpose. Before validating the order you must reread the form to confirm the details, namely the name and address of sending and invoicing. Fenix Fishing will not be held liable in case of shipping errors due to incorrect information.
3.2 Order confirmation
The order confirmation is sent to the customer by automatic e-mail upon reservation of the indicated e-mail address not to present any error.
3.3 Cancellation of application
The order may be cancelled at any time by the customer unless it has been invoiced and shipped. If the customer does not really want the ordered products, he/she must accept the order and return without opening the return charges. In case the customer refuses to deliver the order, the value of the shipping and return charges will be deducted to the amount of their refund.
3.4 Product availability
Our product and price offers are valid as long as they are visible on the website and at the limit of the available stock.
After finalizing the order the customer will receive an email with the list of the desired products. If during the processing of the order there is an unavailability of one or more products, Fenix Fishing will immediately contact the customer to inform about the time forecast of new stock and the customer may choose to cancel their order or choose another product.
4. Payment
4.1 Payment method
The customer may pay through the following payment methods:
4.1.1 Bank transfer.
4.1.2 Collection against delivery (only valid after the 3rd order) ( Constitutes a reservation of Fenix Fishing against fraud or bad faith in the improper execution of orders)
4.2 Non-payment
Fenix Fishing reserves the right to refuse to make a delivery or fulfill a request from a customer who has not paid for the entire order.
All payments must be made within a maximum of 3 working days after placing the order. After this deadline, the order will be cancelled.
4.4 Property reservation
The products are the property of Fenix Fishing until full payment of the amount by the customer.
5.1 - The products marketed apply to the legal provisions in force and proof of purchase of the good may be required.
6. Deadlines
6.1 Shipping times
The shipping times of the goods are indicated by the carrier and depend on the accuracy of the address provided by the customer on the date of the order as well as their availability to receive the same. Failure by the carrier to comply with these deadlines may in no case compromise Fenix Fishing's liability.
7. Shipment
7.1 Packaging
The products are packed and packed so that they arrive at the place of delivery in perfect condition always taking into account customer satisfaction.
7.2 Confirmation
If the customer placed their order on the website, an automatic order confirmation email will be sent. If the email address indicated by the customer is wrong the order will be processed after confirmation of your payment.
7.3 Follow-up of shipment
Whenever the goods are shipped through the contracted carrier, a code will be provided to the customer in order to be able to track the delivery of the order through the carrier's website.
The monitoring of the order depends on this carrier and is under the responsibility of the same.
8. Delivery
8.1 Place of delivery
Orders are delivered to the delivery address indicated by the customer in the purchase order.
8.2 Absence on the day of delivery
If the delivery is not completed, you will be informed of the date and time the carrier was present. With a few exceptions there will be a re-delivery attempt the next business day.
8.3 Delivery times
The estimated delivery time is between 24 and 72 hours (working days) in Mainland Portugal
8.4 Order receipt
All delivered orders must be checked and controlled by the customer. In the event of any anomalies in the outer packaging, they must be immediately recorded on the carrier's transport guide.
Without the customer's notes the order may not be challenged further by Fenix Fishing.
The product status check is considered to be done once the postage guide is signed.
Upon receipt of the order if the product is damaged, please contact us through your customer account where you have an option to return products or by phone ( 916753076 ) within a maximum of 24 hours so that we can quickly trigger the complaint procedures.
Any packaging received at our premises without the sender's ID or sent to collect will not be accepted.
8.5 Order content error
The claim of non-conformity of the products in comparison with the order data placed must be made within a maximum of 24 hours of delivery of the order under penalty of not being accepted by Fenix Fishing.
9. Returns
9.1 General procedures and conditions of returns
9.1.1 Conditions
The customer has the right to return the purchase within a maximum of 14 days from the date of delivery of the good/order.
If the consumer chooses to be reimbursed, such refund will be made within 30 days of receipt of the product at our facilities
If you wish to make a return you should do so from your customer account on our website at the appropriate option or by the Phones available on our contact page.
9.1.2 Packaging status
Returned items must be in perfect condition, complete and properly packed in the original packaging and without any signs of actual use.
In case of withdrawal or error of the customer the shipping and return charges will be the customer's sole responsibility.
9.1.3 Internal error
Fenix Fishing is responsible for the return and resend costs if there is an internal error and the product sent does not match the order.
9.1.4 Defects of origin or Damage to Transportation
Fenix Fishing is responsible for return and reshipping charges if the product is defective or damaged during transport. In this situation the exchange will have to be carried out by the same article. If you wish to exchange for another different item, the return and re-shipping charges will be the responsibility of the customer.
9.1.5 Shipping costs by withdrawal
In case of withdrawal or error of the customer the shipping and return charges will be the customer's sole responsibility.
9.2 Decree-laws
The information regarding the right of the consumer to be re-signed (private customer) is described in detail in Decree-Law No. 143/2001 and Decree-Law No. 82/2008.
Regarding the right of contract resolution by companies, institutions, liberal professionals and entrepreneurs on behalf of the general law of the civil code Portuguese, namely the rules laid down in decree-law 67/2003.
10. Privacy and Security
10.1 We use the information we collect through the website for order processing and possible promotion of our products. We do not sell, exchange or rent your personal data to third parties.
10.2 After login, you can access the Customer Area. There you will have access to the form, where you can enter or update all your personal data. To exercise your right of access, under applicable legislation on the protection of personal data, including making other corrections to your data, please contact us by email or telephone.
10.3 By registering with Fenix Fishing the customer undertakes to fill out the registration forms correctly, providing true information. The security of the registration is guaranteed by the associated access code, committing the customer to make a personal and non-transferable use of his username and password, not allowing, in particular, his use and knowledge by third parties.
The User undertakes to use the information to which he/she has access for exclusively private purposes.
10.4 The login information will be exclusively known to you and Fenix Fishing that is committed not to disclose, under any circumstances, this code. Given the nature of the login information, Fenix Fishing cannot be held responsible for the inappropriate use of its customers.
10.5 We reserve the right to adapt our procedures at any time in order to offer a quality service.
10.6 By accessing other websites through links provided by Fenix Fishing, the User agrees that the information obtained through these links was produced by independent entities, and Fenix Fishing has no editorial responsibility for it. The links are presented exclusively indicative, so Fenix Fishing is unrelated to any consequences of access to them.
10.7 Fenix Fishing is not responsible for any delay, suspension or interruption in the transmission of the information contained on this website, resulting from circumstances unrelated to its control.
11. Intellectual Property
11.1 The User is not authorized to, in any circumstances and by any means, store, copy, reproduce, alter, distribute, sell or in any way make accessible to third parties the information to which he has access in connection with this use, unless for exclusively private and free of charge purposes. The User is solely and exclusively responsible for the misuse of the information to which he/she has access under this website.
11.2 The User acknowledges Fenix Fishing's intellectual property rights in the contents/elements of the website that do not come from third parties, as identified, including the graphic design of the page, the texts, images, graphics, logos, domains and trademarks, and the user is not authorized to reproduce, copy, alter, disclose or, in general, to perform any act that, under applicable law, constitutes a violation of the rights of which Fenix Fishing is the owner. Any fraudulent use of these rights constitutes a counterfeit offence, severely sanctioned by the Intellectual Property Code.
12. Product information
12.1 Fenix Fishing does not distribute catalogue of products on sale in paper format.
13. Acceptance of the Terms and Conditions
13.1 The User is responsible for any cost, expense, loss or loss, regardless of its nature, borne by Fenix Fishing due to the user's failure to comply with these "Terms and Conditions".