Terms of service

Overview

Welcome to SW Surf Shop! The terms "we", "us" and "our" refer to SW Surf Shop, a trade name of Fernando Felicidade Unipessoal, Lda., Rua 25 de Abril, 101, Lj. 4, 8670-088 Aljezur, Portugal, registered at the Commercial Registry Office of Lagos under NIPC 514238720, share capital €5,000. SW Surf Shop operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). SW Surf Shop is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our privacy policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other non-waivable statutory rights.

1. Access and account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

2. Our products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

3. Orders

When you place an order, you are making an offer to purchase and authorize us and our payment processors to charge your selected payment method for the total amount of your order. SW Surf Shop reserves the right to accept or decline your order for any reason at its discretion, subject to applicable law. Your order is not accepted until SW Surf Shop confirms acceptance. We must receive and process your payment before your order is accepted. In the event that we do not accept, make a change to, or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange in accordance with our return and refund policy. This does not limit any rights you may have under applicable law.

4. Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All prices are in euros and include VAT at the applicable rate. Shipping costs are shown separately at checkout, before you place your order. As we only ship within the European Union, no customs or import charges apply. Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms of Service. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You represent and warrant that (1) you are authorized to use the payment method you provide, (2) that the information you provide for such payment method is true, correct and complete, (3) charges incurred by you will be honored by the provider of your payment method, and (4) you will pay charges incurred by you at the posted prices, including shipping charges.

5. Shipping and delivery

All delivery times are estimates. Unless agreed otherwise, we deliver within 30 days of your order. We are not responsible for delays caused by events outside our reasonable control, including carrier delays, natural disasters, severe weather, labor disputes, supply shortages, utility or telecommunications outages, cyber incidents, governmental actions, or other similar events. Risk of loss or damage passes to you when you, or a person you indicate other than the carrier, take physical possession of the products. See our shipping policy for more details.

6. Intellectual property

Our Services, including but not limited to all trademarks, brands, text, images, graphics, product reviews, video, and audio are owned by SW Surf Shop, its affiliates or licensors and are protected by applicable trademark, copyright and other intellectual property laws. The purchase or delivery of any product does not grant or confer any intellectual property rights in or to the product, its design, software, or underlying technology. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent. SW Surf Shop's names, logos, product and service names, designs, and slogans are trademarks of SW Surf Shop or its licensors. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

7. Optional tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. Any use by you of the optional tools offered through the site is at your own discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

8. Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. Please review carefully the third-party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

9. Relationship with Shopify

SW Surf Shop is powered by Shopify, which enables us to provide the Services to you. When you use the Services, your device communicates with Shopify's systems to deliver the Services. Section 10 explains how Shopify uses and processes information from these interactions. However, any sales and purchases you make in our Store are made directly with SW Surf Shop, and Shopify is not a party to those sales.

10. Privacy policy

Our privacy policy explains how we may collect, use, and disclose certain personal information from your use of the Services. Because the Services are hosted by Shopify, as you browse and interact with the Services, Shopify collects, uses, processes, and stores personal information about your access to and use of the Services, including information about your transaction. Shopify may use this information for purposes including but not limited to providing, securing, and improving the Services; processing transactions; and helping prevent fraud. Review our privacy policy and Shopify's privacy policy for more details on how we, Shopify, and our partners use your personal information.

11. Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a worldwide, royalty-free license to use, reproduce, modify, publish and display such Feedback in connection with the Services. You agree that your Feedback will not violate any right of any third party and will not contain unlawful, abusive or obscene content or malicious code. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that is unlawful or violates these Terms of Service.

12. Errors, inaccuracies and omissions

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if information is inaccurate, including after an order is submitted. If we cancel an order after payment has been collected, we will refund you in full.

13. Prohibited uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send spam or any other unsolicited advertising; (g) to impersonate any other person or entity; (h) to upload or transmit viruses or any other malicious code; (i) to use any robot, spider, scraping or data extraction tools, or automated means to access the Services without our permission; or (j) to interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your account if we determine that you have violated any part of these Terms.

14. Termination

We may terminate this agreement or your access to the Services (or any part thereof) if you breach these Terms of Service. Termination does not affect orders already accepted or any rights you have as a consumer.

15. Disclaimer of warranties

The information presented on or through the Services is made available for general information purposes. Except as expressly stated by SW Surf Shop or required by law, the Services are provided "as is" and "as available". We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Nothing in this section limits the legal guarantee of conformity of 3 years that applies to all products sold to consumers under Portuguese law (Decree-Law 84/2021), or any other rights you have as a consumer. See our refund policy for how to make a claim.

16. Limitation of liability

To the fullest extent permitted by law, SW Surf Shop is not liable for indirect or consequential damages, such as lost profits, arising from your use of the Services. Nothing in these Terms of Service excludes or limits liability that cannot be excluded or limited under applicable law, including liability for defective products, for death or personal injury caused by our negligence, or for fraud.

17. Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the remaining provisions remain valid. Nothing in these Terms limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract. If any part of these Terms conflicts with those rights, those rights will apply.

18. Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and the policies referenced in them constitute the entire agreement between you and us regarding the Services.

19. Governing law and disputes

These Terms are governed by Portuguese law. If you are a consumer, you also keep the protection of the mandatory consumer laws of your country of residence, and you may bring claims before the courts of your place of residence. In the event of a dispute, consumers may also turn to the alternative dispute resolution entity CIMAAL – Centro de Informação, Mediação e Arbitragem de Consumo do Algarve (www.consumoalgarve.pt), or file a complaint in the online Complaints Book (www.livroreclamacoes.pt).

20. Language

These Terms of Service are available in English and may also be made available in Portuguese. If there is any inconsistency between language versions, the version more favourable to the consumer prevails.

21. Electronic communications

By using the Services or placing an order, you agree that we may send you transactional and service-related communications electronically, including by email. These communications may relate to your orders, account, purchases, returns, these Terms of Service, or other Services-related matters. You are responsible for keeping your contact information current.

22. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We may update these Terms of Service by posting the changes on our website. Changes do not apply to orders placed before they were published. We will notify you of any material changes in accordance with applicable law.

23. Contact information

Questions about the Terms of Service should be sent to us at hello@swsurfshop.com. Our other contact details are posted in our contact information policy.