Terms and Conditions

TERMS AND CONDITIONS

1. INFORMATION ABOUT SOFTWAVES SHOP

This website is managed by and the shoes you purchase will be supplied by Plenty Green Unipessoal Lda, the trading company of the Softwaves®. We are registered in Portugal under VAT 509 894 020 and address Rua Bartolomeu Dias 77, 3700-910 S. João da Madeira, Portugal.

You can contact us by email at customers@softwaves.pt and by telephone on (+351) 256 880 510.
You can contact us in English, Portuguese, Italian and Spanish language on the phone. By email, you may contact us in your own language. We will try to reply on the same original language. If not possible, we will use English.

2. YOUR PERSONAL INFORMATION

We will use your personal information in accordance with our Privacy Policy, which forms part of these terms.

3. CONTRACT CONCLUSION

If you submit an order for goods via this site by clicking ‘buy now’, your order is an offer to us to buy the goods on our website. We will acknowledge receipt of your order by sending you a automatically generated email accepting your order. With this email the contract will be concluded. The contract will relate only to those specific goods which are referred to in our email confirming our acceptance of your order. You should read and check the details in this email to ensure that they are correct. If the details in the email confirming your order are not correct, or if you are not satisfied with the details in the email, please contact us at customers@softwaves.pt .The contractual language is English. We store the contract’s content and will send you the details of your order as well as our general terms via e-mail.
The details about your recent orders you will find in your customer login.

4. PRICE AND DELIVERY COSTS

We shall use our reasonable endeavors to ensure that the prices as quoted on our site are correct.
Information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order. Where the correct
price of the goods is less than our stated price, we will charge the lower amount on dispatch. If the correct price of the goods is higher than the price stated on our site, we may, if possible, reject your order in our discretion, in which case we will notify you of such rejection and the correct price for the goods.
Unless stated otherwise, all prices include VAT (where applicable).

5. AVAILABILITY AND DELIVERY

Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on the site. Delivery will be made according to the information on the product pages after your order is accepted. We are not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.

6. PAYMENT

Payment for goods can be made by one of the following payment methods:
– PayPal
– Credit card VISA, MASTERCARD o AMERICAN EXPRESS
– MB (“Multi Banco”) in case of purchasing in Portugal only.

7. RIGHT TO CANCEL

You have the right to cancel the purchase of a good without having to give a reason at any time within the “cooling off period” of 15 day, beginning on the day after you receive the goods. You must notify us of your cancellation in writing or in another durable medium to our contact address. customers@softwaves.pt.

Cancellation consequences

If you are in possession of the goods you are under the duty to retain them and take reasonable care of them.
You must send the goods back to us in their original condition to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the contract. We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.

8. REFUNDS POLICY

When you return goods to us because you have cancelled the contract between us during the cooling-
off period we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. We will refund the price of the goods in full, not including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. If you are not satisfied with a product for any reason e.g. if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please return the product to us.
Once we have confirmed the product defect or other problem, we will: – provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale; or
– at your option, repair or replace the goods at our cost (including the cost of postage), unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid by you for the goods in question. We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for defective goods. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9. CANCELLATION BY US

We reserve the right to cancel the contract between us if, for example:
– we have insufficient stock to deliver the goods you have ordered;
– we do not deliver to your area;
– one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 30 days of your order.

10. TITLE AND RISK

You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

11. LIABILITY

We are not responsible if you cannot access the site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the internet. This site relies in part on software to work. Whilst we will monitor the site, we cannot guarantee that the site or any individual feature of the site will be error free, available all the time and/or free from viruses. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content. Nothing in these terms will affect any liability we may have:
(a) for fraudulent misrepresentation;
(b) for death or personal injury arising from our negligence:
(c) under Part I of the Consumer Protection Act 1987;
(d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us;
Or
(e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.

12. EVENTS BEYOND OUR CONTROL

We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion.

13. INVALIDITY

If any part of these terms is unenforceable, the enforceability of any other part of these terms will not be affected.

14. LAW AND JURISDICTION

These terms are governed by Portuguese law, and any contracts formed between via this site will be governed by Portuguese law. The Portuguese courts will have exclusive jurisdiction over any dispute relating to these terms or any contracts between us.

15. NOTICES

All notices you send us must be to the contact details on this site www.softwavesshop.com

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