Terms of Service

PREAMBLE

In accordance with Law No. 47/2014, of 28 July, this document sets out the conditions to be observed when using the website.pacifiquesud.pt, as well as in the process of purchasing products made available to its users.

In fact, we ask you to carefully read the conditions and privacy policy before using the website, since by using it or placing an order, the customer is consenting to be bound by the aforementioned conditions.

Therefore, and if the user does not agree with all the conditions and with the privacy policy, he should not use the website,pacifiquesud.pt.

These conditions may be subject to changes in the future. Therefore, it is your responsibility to read it periodically, as the conditions in force at the time of using the website or signing the contract (as defined below) will apply.

 

ARTICLE 1: ORDER

  1. The user may place his order online, on the website of pacifiquesud.pt.
  2. To place the order, the user must fill in all the mandatory fields, and must provide their personal data, always bearing in mind our privacy policy to ensure their treatment.
  3. When placing your order, the user expresses his/her full and complete acceptance of the general conditions of sale, prices and description of the products included in this transaction.
  4. All orders are subject to acceptance by Pacifique Sud, of which the user will be informed by email.

 

ARTICLE 2: PRODUCT AVAILABILITY

  1. All product orders are subject to availability.
  2. The non-existence of the ordered products in stock or any other reason for the impossibility of supplying the ordered products, will be informed by Pacifique Sud.
  3. In the case provided for in the previous number, Pacifique Sud will reimburse the user for the amounts that he may have paid, in accordance with the provisions of art. 19 of the aforementioned diploma.
  4. Pacifique Sud reserves the right to remove any product from the page pacifiquesud.pt, at any time and to delete or modify any material or content thereof.
  5. Pacifique Sud is not responsible, before the user or third party, for removing any product from the page,pacifiquesud.ptas well as the lack of availability of the product under the terms of numbers 1 and 3 of this clause.

 

ARTICLE 3: INABILITY TO COMPLETE AN ORDER

Pacifique Sud assumes no responsibility for the refusal to complete the order resulting from exceptional circumstances, even after confirmation of the same, having only the obligation to inform the user/customer of the impossibility of completing the order and returning the payments made.

 

ARTICLE 4: DELIVERY

  1. Without prejudice to the provisions of article 2, regarding the availability of products, the order will be sent within 3 working days after confirmation of payment.
  2. Compliance with the deadline referred to in the previous number can be freely changed by Pacifique Sud, namely in the event of exceptional, unforeseen circumstances, and depending on the area to be delivered.
  3. Pacifique Sud only sends the order after settlement of the price of all the products ordered, as well as the respective shipping costs.

 

ARTICLE 5: IMPOSSIBILITY OF DELIVERY

  1. Deliveries are made from Monday to Friday, and the user/customer must indicate the address where they want to receive the order.
  2. In case the user is unable to be at the place for delivery of the order, he must indicate an alternative address or contact Pacifique Sud.
  3. If, after two attempts, it is not possible to deliver the order, the contract will be terminated without the right to reimbursement of the amounts paid as price and shipping costs.

 

ARTICLE 6: PRICE

  1. In accordance with the rules and regulations in force, the prices established on the Pacifique Sud website must be expressed in euros, with taxes and fees included.
  2. The prices shown take into account the Value Added Tax (VAT) applicable on the invoice date.
  3. In accordance with the provisions of Chapter I, Title V, of Council Directive 2006/112/EC of 28 November 2006 on the common system of VAT, the place of supply is deemed to be that of the Member State where the address where the products are to be delivered is located and the applicable VAT rate will be that in force in the Member State of the place of supply, according to the orders placed.
    According to the rules and regulations applicable in each jurisdiction, the reverse charge system (Article 194 of Directive 2006/112/EC) applies to products supplied in some Member States of the European Union, in case the consumer is or must be a VAT taxable person.
    In this case, we will not pay the VAT, subject to confirmation by the recipient of the products that the VAT due will be paid by the customer, under the terms of the self-assessment system.
  4. Prices and specifications are subject to change without notice.
  5. Pacifique Sud declines any responsibility for any errors published on the website.
  6. In the processing of your order, any price error that may appear on the website, due to technical anomalies, will be detected.
  7. The user/customer will be contacted to accept or cancel the order, in case the actual price of the ordered product is higher than that shown on the page.
  8. If the actual price of the ordered product is lower than that shown on the page, the difference between the actual price and the price paid is returned.

 

 ARTICLE 7: TRANSFER OF RISKS

  1. The risks of the products will be borne by the user/customer from the moment of delivery.

 

ARTICLE 8: RIGHT TO WITHDRAW THE PURCHASE AND RETURN

  1. In accordance with the rules applicable in articles 10 to 17 of Decree-Law nº 24/2014 of 14 February, the user/customer may withdraw from the contract, without giving any reason, within 14 days from order, only ordered items will be refunded.
  2. Shipping and return costs are borne by the customer.
  3. The customer may exercise the right of withdrawal in any way permitted by law, considering, in any case, that this right has been validly exercised by sending withdrawal information.
  4. This provision does not affect the other rights recognized by the consumer by the legislation in force.
  5. The costs of returning the products (s) are the responsibility of the user/customer, so in the case of delivery on collection, it determines the possibility of Pacifique Sud charging the expenses that it may incur.
  6. The right of withdrawal from the Contract by the user/customer under the terms of paragraph 1 of this article applies exclusively to products that can be returned in the same conditions in which the user/customer received them, namely in the original packaging. and with all documents.
  7. After returning, the product will be examined by Pacifique Sud, which will verify its conditions.
  8. Refunds will not be given if the product has been used beyond the simple opening of its packaging or if it has been damaged.
  9. The return will be made as soon as possible.
  10. The responsibility for the damages suffered by the products, as well as the loss of them, during the return, are the exclusive responsibility of the user/customer.

 

 ARTICLE 9: RETURN OF DEFECTIVE PRODUCTS

  1. In cases where he considers that, at the time of delivery, the product does not comply with the provisions of the contract, the user/customer must immediately contact Pacifique Sud.
  2. Shipping and return costs are borne by the customer.
  3. The product will be examined by Pacifique Sud, which, in the event of confirmation of nonconformity, will communicate, by email, the replacement of the same within a reasonable period.
  4. The replacement of the product returned under the terms of this article is subject to its availability.
  5. If replacement is not possible, the amount paid for the returned products based on their non-conformity will be fully refunded to the customer, including the delivery costs incurred for the delivery of the product.
  1. All rights recognized by the law in force will be safeguarded.

 

ARTICLE 10: EXCHANGES

Products purchased through the website pacifiquesud.ptcan be exchanged.

 

ARTICLE 11: FORCE MAJEURE REASONS

  1. We will not be liable for any failure to fulfill or delay any of our obligations under a Contract which is caused by events beyond our reasonable control, including Force Majeure.
  2. Force Majeure Grounds include any act, event, lack of exercise, omission or accident that is beyond our reasonable control, including but not limited to the following:

. Strikes, closures by employers or other demanding measures.
. Disturbances of public order, riots, invasions, terrorist attacks or threats, war (declared or not) or threats or preparations for war.
. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or any other natural disaster.
. Inability to use trains, boats, planes, motor transport or other means of transport, public or private.
. Inability to use public or private telecommunications systems.
. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
. Strikes, failures or accidents in maritime or river transport, postal or any other type of transport.

  1. Our obligations arising from the contracts will be considered to be suspended during the period in which the Grounds of Force Majeure occur and we will benefit from an extension of the period to fulfill such obligations, for a period of time equal to the duration of the Grounds of Major Force. We will use all reasonable means to terminate the Force Majeure Grounds or to find a solution that allows us to fulfill our obligations under the contract, despite the Force Majeure Grounds

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ARTICLE 12: RESPONSIBILITY

  1. For all website access stepspacifiquesud.pt, as well as the ordering process, delivery and subsequent services, Pacifique Sud only has an obligation of means.
  2. Pacifique Sud does not guarantee or be liable for any inconvenience or damage inherent to the use of the internet network, service disruption, external intrusion or the presence of computer viruses, or any other case of force majeure.
  3. The items sold are described and presented on the website pacifiquesud.pt, as accurately as possible.
  4. If, despite all precautions, errors occur on the websitepacifiquesud.pt, Pacifique Sud will not be held responsible for this fact.
  5. The provisions of this clause will not affect the customer's legal rights to withdraw from the contract.

 

ARTICLE 13: MINORS

We do not sell products to minors.

 

ARTICLE 14: PROCESSING OF PERSONAL DATA AND NEWSLETTER

In compliance with Portuguese law, regarding the protection of personal data, the information or data provided by the user will be treated in accordance with the provisions of our Privacy Policy.

 

ARTICLE 15: VIRUS, PIRACY AND OTHER COMPUTER ATTACKS

Pacifique Sud is not responsible for any damages or losses resulting from a service browsing attack, virus or any other technologically harmful or harmful program or material, which may affect the user's/customer's computer, computer, electronic equipment, data or materials. , as a result of using the websitepacifiquesud.pt, or downloading content from the same or the contents to which it redirects.

 

ARTICLE 16: INTELLECTUAL PROPERTY

  1. All website elementspacifiquesud.pt, whether visual or sound, including the underlying technology are protected by copyright, trademark or patent.
  2. The user who has a personal website on the internet and who wishes to place, for personal use, on his website a simple direct link to the website's homepagepacifiquesud.pt, you must request authorization from Pacifique Sud.
  3. The authorization referred to in the previous number is only valid if given in writing.
  4. Any link or hypertext directed to the websitepacifiquesud.pt, using the framing technique or in-line linking is formally prohibited.
  5. In all cases, the use of any link, including those contained in paragraphs 3 and 4 of this clause, even if tacitly authorized, must be withdrawn with a simple request from Pacifique Sud.

 

ARTICLE 17: PRIVACY AND PROTECTION OF PERSONAL DATA

All Customers have the right to access, rectify, cancel and oppose their data. If you wish, at any time, to stop being part of the PACIFIQUE SUD database, you can exercise this right by sending an email togeral@pacifiquesud.pt.

In accordance with the privacy policy, the customer expressly authorizes PACIFIQUE SUD to send information about products and services that may be of interest to them, using their personal data for the purposes of direct marketing through any communication channel, namely through the use of email, SMS, MMS or other forms of automatic calling. PACIFIQUE SUD will not sell or share its customer database with third parties.

 

ARTICLE 19: FULL AGREEMENT

  1. These general conditions of sale constitute the entire agreement between the parties in question.
  2. If one of the clauses of these conditions becomes null and void, due to a legislative, normative or judgment change, it must be considered unwritten.

           

ARTICLE 20: RIGHT TO UNILATERAL AMENDMENT OF CONDITIONS

  1. These conditions may be subject to change at any time.
  2. The user/client is subject to the policies and conditions in force at the time he is using the site.pacifiquesud.pt, or formalize your order, except when, by law or decision of governmental bodies, changes are made, retroactively, in these policies, conditions or privacy statement;
  3. In the case provided for in the previous number, the changes will also affect the orders that the user/customer has formalized under the conditions subject to change.

 

ARTICLE 21: DURATION

  1. These conditions apply for the duration of the services offered by Pacifique Sud.
  2. All exclusive articles on the site are valid up to the limit of available stocks.

 

ARTICLE 22: RAL- ALTERNATIVE DISPUTES RESOLUTION
In compliance with the provisions of Law nº 144/2015 of 8 September, all consumers are hereby informed that, in the event of a dispute arising from our supplies of goods and services, they may resort to an Alternative Consumer Dispute Entity, identified below:

  • Vale do Ave Consumer Dispute Arbitration Center / Arbitration Court
    E-mail:triave@gmail.com
    Phone: 253 422 410
  • Porto Consumer Information and Arbitration Center
    E-mail:cicap@mail.telepac.pt
    Phone: 225 508 349 /225 029 791
  • Lisbon Consumer Dispute Arbitration Center
    E-mail:juridico@centroarbitragemlisboa.pt/ director@centroarbitragemlisboa.pt
    Phone: 218 807 030
  • National Center for Information and Arbitration of Consumer Disputes
    E-mail:cniacc@unl.pt
    Phone: 213 847 484
  • Algarve Consumer Dispute Information, Mediation and Arbitration Center
    E-mail:apoio@consumidoronline.pt
    Phone: 289 823 135