Terms and Conditions of Purchase
This document governs the terms and conditions of the use of this website and the agreement between us Strong Store / Vendor / us / us) and You (user).
These Terms enshrine the rights and obligations of all users and the Fort Store relating to the goods / services made available on this website or on any other website for which there is a link (Fortress Services).
Before you press the "CONFIRM ORDER" button at the end of the ordering operation, you should carefully read these Terms. If you do not agree to these Terms, in its entirety, you must refrain from placing any order. These Terms are subject to change by the Fort Store, so read them before placing any order. If you have any questions about these Terms, please contact us using our website or via our electronic form. Neptune Ring S.A. operates under the brand name FORTE STORE is a Portuguese company, registered under no. 14207280 with headquarters in Industrial Park of Ruães, pav 1 Mire de Tibães, Braga Portugal. Our taxpayer number is PT 514207280.
2. Use of this Site
These Terms are the only conditions applicable to the use of this website and prevail over any other conditions, except in case of express agreement of the Seller, previously given in writing.
These Terms are important to both parties as they are intended to protect the rights of the user as a customer as well as our rights as Seller and are designed to establish a legally valid agreement between the parties.
By placing an order, you confirm that you have read these Terms, which you accept without any reservation. You agree that:
You may only use this website to make inquiries or orders that are legitimate.
You will not place orders that are speculative, false or fraudulent. If we have reasonable grounds to believe that a particular order is of such a nature, we reserve the right to cancel it and to inform the competent authorities.
You will be required to provide a correct and complete email address, postal address or other contact details, and you agree that Seller may contact you using such data if you deem it necessary.
Failure to provide Seller with all the information it deems necessary may not be possible to complete your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
3. Formation of the Contract
The information contained in these Terms is not a proposal for sale but a mere invitation to negotiate. No contract relating to the foregoing products will be established between Seller and User without the order being accepted by the Seller (regardless of whether or not a charge has been made to the User's account).
If the order is not accepted once a charge has been made to the user's account, the amount will be refunded in full.
To place an order you must follow the online purchase process and press the "CONFIRM ORDER" key.
You will then receive an email confirming that your order has been received by Seller (the "Order Confirmation"). You should note that this does not mean that your order has been accepted. The order is only a proposal to purchase one or more of our products.
Any order is subject to the respective acceptance by the Seller, which will always be confirmed by sending an email notifying the shipment of the product (s) -Confirmation Shipping.
The contract of sale between Seller and user (Contract) will only be formalized with the communication of the Confirmation of Shipment. The Agreement will only concern the products mentioned in the Shipping Confirmation. The Seller will not be obliged to supply any other products that may appear on the order, until the shipment of the same has been subject to another confirmation of Shipping. 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 Availability
Any order for products is subject to their availability and, in this regard, in the event of non-existence or difficulty of supply, Seller reserves the right to inform the user about the existence of alternative products of equal or higher quality and value , which he can order.
In case the user has no interest in ordering the alternative products, any amounts paid by him will be refunded.
5. Refusal of Order
Seller shall not be liable to you or any third party for the removal of any product appearing on this website for the alteration or deletion of any materials or contents of this website, or for refusal to complete processing or to accept any order that has been receipt of an Order Confirmation.
6. Right of User Resolution - "Cooling OFF"
The user contracting as a consumer may freely resolve the Contract within 15 days from the date of delivery of the products. In this case the user will be reimbursed for the entire price paid for the products, in accordance with the provisions of the Return Conditions (see clause 12 below).
Please see the Return Conditions for returning products. The right to terminate the Agreement will only occur if the products are returned in the same state in which they were received by the user. This should be returned with all instructions, documents and packaging materials. Any damaged product that is not in the same condition as it was received by the user, or that has signs of use other than simply opening the respective packaging will not be refunded.
Please take care with the handling of the product (s) while it is in its possession and keep the original cartons, instructions, documents and other packaging materials , for later return and collection of the products. Further information on the right to terminate the contract and explanations regarding its exercise are dealt with in clause 12 of these Terms. This provision shall be without prejudice to any rights deriving from law.
Provided they are available (see clause 4 above), Seller will use its best endeavors to ensure that, except in exceptional circumstances, the products contained in a Shipment Confirmation are delivered to the user on the date hereof or not with an indication of the date, within 15 days from the date of the Confirmation of Order Receipt.
Possible reasons for the delay include:
If, for any reason, the Seller can not deliver on the scheduled date, the user will have the option to maintain the order by extending the delivery period or canceling it in full. The user must take into account that, in any case, the Seller does not deliver on Saturdays or Sundays. For the purposes of these Terms, a "delivery" is deemed to be effected or a product is deemed to be "delivered" with the signature of the delivery receipt at the agreed upon address. Shipping charges are free to mainland Portugal for purchases over € 39.99
8. Impossibility of Delivery
If Seller can not make delivery after 1 attempt, he will arrange to find a safe place to leave the ordered product. A note will be left explaining where the product is located and how the order can be lifted.
In case of delivery at pick up points, the order will remain at these points for 10 days. At the end of this period, the order will be returned to Forte Store, which will try to contact the buyer. The buyer will be responsible for the costs of this new shipment.
9. Risks and Property
From the moment of delivery, the risks related to the product supplied will be borne by the user.
The ownership of the products supplied will only be transmitted to the user when the Seller has received full payment of the amounts due for the supply of the product, including delivery expenses, or after delivery, whichever is the later.
10. Price and Payment
Except in case of obvious error, the price of the products will be what is indicated at all times in our website. Although Seller seeks to ensure that all prices shown on the website are correct, errors may occur. If Seller finds that the price of a product contained in an order is wrong, it will inform the user as soon as possible, giving you the choice between reconfirming the order at the correct price or canceling it. If it is not possible to contact the user, the order will be canceled and the user will be fully refunded of the price of the products, if he has already paid them.
Seller shall have no obligation to supply any product at an incorrect (if inferior) price, even if a Shipment Confirmation has already been issued, if the error is notorious, unequivocal and should have been identified by the user in reasonable circumstances.
The prices indicated on this website are VAT included (when applicable), but do not contain delivery costs, which will be added to the final price.
We reserve the right to refuse orders of great size or value. All prices and quantities available are subject to change at any time but, except as noted above, this change will not affect orders for which a Shipment Confirmation has already been issued.
When the user has finished shopping, all the products that he wants to buy will be inserted in his basket and the next step will be the process of registering the exit and the payment.
For this purpose you should:
Press the VIEW CART key at the top of the page.
Press the GO key to CHECKOUT.
Fill in or confirm the information regarding your contacts, your order, billing address, shipping address, transportation and payment method.
Press the CONFIRM YOUR ORDER key
Proceed to payment.
You can pay with the Visa, Maestro, American Express and Discover cards, through an ATM reference, through a bank transfer in Brazil, through the payshop, through a Paypal account. The Seller uses PayPal Business Services and HI-MEDIA PORTE MONNAIE ÉLECTRONIQUE SA to process all of its payments. Consult the companies' websites to know more about the services: https://www.eupago.pt/ || https://www.paypal.com. ORDER. When making the payment you are confirming that you are the holder of the card or the PayPal account. The authorized amount will be charged at that time.
Credit cards are subject to verification of validation and authorization by the issuing entities, but if the card issuer does not authorize the payment, Seller will not be liable for any delay or non-delivery and may not enter into the Contract with you.
11. Value Added Tax
According to the rules and regulations in force, purchases made through this website are where applicable, subject to Value Added Tax (VAT).
Retail prices, whether for an individual customer or a company, include where applicable Value Added Tax (VAT).
12. Terms of Returns
General rule for return
If you want to return a product, you must do so by entering your customer area and selecting the order that contains the item and indicating that you want to return it and why. You should also indicate the mode of reimbursement you want, whether a Shopping Mall or a refund of the value (in this case you must indicate the NIB or IBAN). You should also indicate the day on which you want the return collection to take place (at least 24 hours after you have indicated that you intend to return it. Returns will only be made on working days).
The cost of this return will be taken from the amount to be refunded (€ 4 for mainland Portugal, € 5 for Spain, € 6 for Portugal islands). If you choose to receive the value of the item through Forte Store Shopping Valley these return costs will not be withdrawn on the first return of the same order.
If you have used a promotional discount code, this amount will not be refunded, ie the refund will only be for the amount actually paid.
If the order was made as a guest this procedure must be done using the link that was sent to you by email.
You must return the product in the same package as the first delivery. Whenever possible, the user must accompany the product to be returned from all original cartons, instructions / documents and packaging materials. Seller will inspect the returned product. Any product that has been damaged, is not in the same condition that the user received it or that shows signs of use beyond the simple opening of the packaging, does not grant the right to reimbursement.
14. Liability and Exclusions
Seller's liability for any product purchased through this website is limited to its purchase price.
Nothing in these Terms shall exclude or limit Seller's liability:
For death or personal injury caused by your negligence;
For fraud or misleading fraudulent information;
In respect of any matter in which the exclusion or limitation, or the attempt to exclude or limit Seller's liability, is unlawful.
Notwithstanding the provisions of the preceding paragraph, Seller, to the maximum extent permitted by law and except as otherwise provided in these Terms, rejects any liability for indirect losses or damages, which occur as a result of the principal losses or damages , whether arising from the practice of unlawful, contractual or non-contractual, including mere negligence, whether or not predictable, exemplarily by:
loss of business;
loss of income or income;
loss of results or contracts;
loss of profits;
loss of data;
management time and hours of activity.
Due to the open network nature of this website and the possibility of error in the storage and transmission of digital information, Seller does not guarantee the accuracy and security of the information transmitted or obtained through it, unless otherwise expressly stated otherwise.
All descriptions of products, information and materials on this website are made available in its precise terms ("as is") and without any guarantee of express, implied or consequential compliance for any reason.
To the maximum extent permitted by law, Seller does not assume any kind of guarantee, without, however, implying the exclusion of liability that can not be legally removed in the scope of consumer rights.
Nothing in this clause impairs the legal rights of the user, as a consumer, nor does it affect their right to terminate the Contract.
15. Intellectual Property
The Store is a registered site and the Service provided by the site itself is the responsibility of Neptune Ring S.A.
The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
You acknowledge that any content appearing 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, so any use of such content may only occur under the express authorization of the respective owners.
The User undertakes to respect in full the rights referred to in the previous number, namely to refrain from any acts that may violate the law or said rights, such as reproduction, marketing, transmission or placement to the public's disposal of such content or any other unauthorized acts that have as their object the same contents.
This does not prevent you from using this website to obtain a copy of an order or the terms of the Agreement.
16. Written Communications
The applicable law requires that some of the information or communications that the Seller sends to users assumes the written form. By using this website, the user accepts that the communication between him and the Vendor is mainly electronic. Seller will contact you by email or provide you with information by posting notices on this website.
For contractual purposes, you accept this means of communication by electronic means and acknowledge that any contracts, notices, information and other communications that the Seller transmits to you by electronic means satisfy the legal requirement that such communications be made in writing.
This provision is without prejudice to any rights of the user arising directly from the law.
All user communications to Seller must be submitted via electronic form. Without prejudice to clause 16, Seller may communicate with the user either by email or by mail to the address in the order.
Any communication will be received at the moment it is inserted in the website, 24 hours after sending an email, or on the third day after the date of its sending by post. To prove that a communication has been sent, if it is a postal mail, it is sufficient to prove that the respective letter was addressed correctly, sealed and delivered in the mail and, in the case of sending by email, that the same email was sent to the address specified by the user.
18. Transmission of Rights and Obligations
The Agreement between Seller and you binds the parties and their successors and assigns. You may not transfer, assign or encumber your contractual position, or otherwise dispose of the Contract or any rights or obligations arising therefrom, without the prior written consent of Seller.
Seller may transfer, assign or encumber its contractual position, sub-contract or otherwise dispose of the Contract or any rights or obligations arising therefrom at any time during its term. Nevertheless, no transfer, assignment or encumbrance of such position, or act of contract provision, may have the effect of limiting the legal rights of the user as a consumer or reduce or limit in any way any guarantee provided by the Seller to the user of express or implied.
19. Events Out of Seller Control
Seller shall not be liable for non-performance, or delay in performance, of any obligation under the Contract that is due to an event beyond its reasonable control ("Force Majeure Event").
A Force Majeure Event comprises any event, act or omission beyond Seller's reasonable control and includes, in particular (but not exclusively) the following:
Strikes, lock-outs and other work
Civil strife, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of war preparations.
Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disaster.
Impossibility of using rail, sea, air, road or other public or private means of transport.
Impossibility of using public or private telecommunications networks.
Laws, decrees, regulations or restrictions of the Government.
Any strikes, interruptions or accidents affecting relevant postal or transport services.
Seller's performance obligation under any Contract shall be suspended for the duration of a Force Majeure Event and shall give rise to an extension of its term equivalent to that duration. Seller will make reasonable efforts to terminate a Force Majeure Event, or to find a solution that will enable it to perform its contractual obligations despite the existence of a Force Majeure Event.
Seller shall not be liable for non-performance, or delay in performance, of any obligation under the Contract that is due to an event beyond its reasonable control ("Force Majeure Event"). If Seller fails, at any time during the term of the Agreement, to enforce strict compliance with any obligation that the User derives from the Contract or these Terms, or to exercise any right or power provided for therein to terminate such breach, this shall not constitute a waiver of such rights and faculties and shall not relieve you from the performance of your obligations.
The Seller's waiver of the exercise of any right or faculty in the event of a breach by the User does not imply any waiver of rights or faculties in the event of a subsequent breach. Seller's waiver of any right resulting from the Agreement or these Terms will only be effective if it appears in a written communication sent to the user in the manner provided in the Communications clause, where the latter expressly declares that it waives.
The declaration of invalidity, illegality or ineffectiveness by any competent authority of any provision of these Terms & Conditions shall not affect any of the remaining provisions, which shall continue in full force and effect.
22. Comprehensive Agreement
These Terms and any document referred to therein constitute the entire agreement between the parties relating to the formation of a Contract and prevail over any prior agreement, understanding or combination, in written or oral form.
Both parties acknowledge that in entering into the Agreement, neither party based its reasoning on a statement, commitment or promise made by the other, or that it could be implied in anything that had been said or written in negotiations between the parties at a time prior to the conclusion of the Agreement, unless otherwise provided by these Terms. Neither party may rely on the fact that the other party has produced a true or oral statement in writing prior to the conclusion of a Contract (except where such a statement was made with fraud) and can only rely on the rules of non-compliance contractual obligations arising from these Terms.
23. Modification of Terms of Service by Seller
Seller has the right to change these Terms of Service at any time. You are subject to the principles and terms in force at the time of your order, unless the law or competent authority imposes any changes thereto (and such changes apply to orders already made).
24. Applicable Law and Forum
The Contracts of purchase and sale of products through this site are regulated by the Portuguese Law. Any dispute arising out of or relating to these Contracts is subject to the non-exclusive jurisdiction of the Portuguese courts. O
provisions of this clause shall not prevail over any legal rights of the user as a consumer.
The seller welcomes the comments and opinions of the users. Please send them through our electronic form.
26. CENTERS OF CONSUMER CONFLICT ARBITRATION
In the event of a dispute, the consumer may use the following arbitration centers:
Center of Arbitration of Conflicts of Consumption of Lisbon http://www.centroarbitragemlisboa.pt/
Center for Arbitration of Consumer Conflicts of Vale do Ave / Arbitral Tribunal http://www.triave.pt/
CIAB - Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court) http://www.ciab.pt/en/>
CNIACC - National Center of Information and Arbitration of Consumer Conflicts http://www.arbitragemdeconsumo.org/
Center of Arbitration of Conflicts of Consumption of the District of Coimbra http://www.centrodearbitragemdecoimbra.com
Information Center, Mediation and Arbitration of Consumer Conflicts of the Algarve http: //www.consumoalgarve.p
Consumer Information and Arbitration Center of Porto http://www.cicap.pt
European Resolution Platform Online Disputes https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguag