Terms of service

PREAMBLE

In accordance with Law No. 47/2014, of July 28, this document establishes the conditions to be observed in the use of the site pacifiquesud.pt, as well as in the process of purchasing products made available to its users.
Indeed, we ask that you carefully read the terms and the privacy policy before using the site, as by using it or placing an order, the customer is consenting to be bound by the aforementioned terms.
Therefore, if the user does not agree with all the terms and the privacy policy, they should not use the website, pacifiquesud.pt.
These conditions may be subject to changes in the future. Therefore, it is your responsibility to read them periodically, as the conditions in effect at the time of using the website or entering into the contract (as defined further on) will apply.
 
ARTICLE 1: APPLICATION

  1. The user can place their order online, on the website of pacifiquesud.pt.
  2. To place the order, the user must fill in all the mandatory fields, providing their personal data, always keeping in mind our privacy policy to ensure the handling of the same.
  3. By placing your order, the user expresses their full and complete acceptance of the general terms of sale, the prices, and the description of the products included in that transaction.
  4. All orders are subject to acceptance by RISCAS SUCESSIVAS, LDA, of which the user will be informed by email.
 
ARTICLE 2: AVAILABILITY OF THE PRODUCT
  1. All product orders are subject to availability.
  2. The non-existence of the ordered products in stock or any other cause of impossibility of supplying the ordered products will be informed by RISCAS SUCESSIVAS, LDA.
  3. In the case provided for in the previous number, RISCAS SUCESSIVAS, LDA, will reimburse the user for any amounts they may have paid, in accordance with the provisions of article 19 of the aforementioned diploma.
  4. At RISCAS SUCESSIVAS, LDA reserves the right to remove any product from the page pacifiquesud.pt, at any time and to delete or modify any material or content from it.
  5. A RISCAS SUCESSIVAS, LDA is not responsible, to the user or third party, for removing any product from the page, pacifiquesud.pt as well as for the unavailability of the product under the terms of numbers 1 and 3 of this clause.

 
ARTICLE 3: IMPOSSIBILITY OF COMPLETING AN ORDER

A RISCAS SUCESSIVAS, LDA does not assume any responsibility for the refusal to complete the order due to exceptional circumstances, even after its confirmation, having only the obligation to inform the user/customer of the impossibility of completing the order and to proceed with the refund of the payments made.
 
ARTICLE 4: DELIVERY

  1. Without prejudice to the provisions of article 2, regarding the availability of products, the order will be shipped within 3 business days after payment confirmation.
  2. 'The deadline referred to in the previous number may be freely altered by RISCAS SUCESSIVAS, LDA, particularly in the occurrence of exceptional, unforeseen circumstances, and depending on the area where the delivery is to be made.'
  3. A RISCAS SUCESSIVAS, LDA, only proceeds with the shipment of the order after the payment of the total price of the ordered products, 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 wish to receive the order.
  2. In the event that the user is unable to be at the location for the delivery of the order, they must provide an alternative address or contact RISCAS SUCESSIVAS, LDA.
  3. If after two attempts it is not possible to deliver the order, the contract will be terminated without the right to a refund of the amounts paid as the price and the shipping costs.
 
ITEM 6: PRICE
  1. In accordance with the applicable rules and regulations, the prices established on the PACIFIQUE SUD website are to be understood in euros, with taxes and fees included.
  2. The prices presented take into account the Value Added Tax (VAT) applicable on the date of the invoice.
  3. According to the provisions established in 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 considered to be the Member State where the address to which 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, in accordance with the orders placed.
    According to the applicable rules and regulations in each jurisdiction, the self-assessment system (Article 194 of Directive 2006/112/EC) applies to products supplied in certain Member States of the European Union, in the case where the consumer is or should be a VAT taxable person.
    In this case, we will not charge VAT, subject to confirmation by the recipient of the products that the VAT due will be paid by the customer, under the self-assessment system.
  4. Prices and specifications are subject to change without prior notice.
  5. A RISCAS SUCESSIVAS, LDA, disclaims any responsibility for any errors published on the website.
  6. In the processing of your order, any price errors that may be presented on the website, due to technical anomalies, will be detected.
  7. The user/customer will be contacted to accept or cancel the order, in the event that the actual price of the ordered product is higher than that stated 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 will be refunded.
 
ARTICLE 7: TRANSFER OF RISKS
  1. The risks of the products will be the responsibility of the user/customer from the moment of their delivery.
 
ARTICLE 8: RIGHT OF WITHDRAWAL FROM PURCHASE AND RETURN
  1. According to the applicable regulations in articles 10 to 17 of Decree-Law No. 24/2014 of February 14, the user/customer may withdraw from the contract, without stating a reason, within 14 days from the date of delivery of the order, only the ordered items will be refunded.
  2. The shipping and return costs are the responsibility of the customer.
  3. The customer may exercise the right of withdrawal in any manner permitted by law, being considered, in any case, validly exercised this right by sending withdrawal information.
  4. This provision does not affect the other rights recognized to the consumer by the legislation in force.
  5. The return costs of the product(s) are the responsibility of the user/customer, so in the case of cash on delivery, it allows RISCAS SUCESSIVAS, LDA to charge for any expenses that may be incurred.
  6. The right of withdrawal from the Contract by the user/customer under the provisions of paragraph 1 of this article applies exclusively to products that can be returned in the same condition in which the user/customer received them, namely in the original packaging and with all documents.
  7. "After return, the product will be examined by RISCAS SUCESSIVAS, LDA, which will verify its conditions."
  8. No refund will be issued 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 damages suffered by the products, as well as their loss during return, is the sole responsibility of the user/customer.
 
ARTICLE 9: RETURN OF DEFECTIVE PRODUCTS
  1. In cases where you believe that, at the time of delivery, the product does not comply with the provisions of the contract, the user/customer must immediately contact RISCAS SUCESSIVAS, LDA.
  2. The shipping and return costs are the responsibility of the customer.
  3. The product will be examined by RISCAS SUCESSIVAS, LDA, which in the case of confirmation of non-compliance will communicate, by email, the replacement of the same within a reasonable time frame.
  4. The replacement of the returned product under the terms of this article is subject to its availability.
  5. In the event of impossibility of replacement, the amount paid for the returned products based on their non-conformity will be refunded to the customer in full, including the delivery costs incurred for the delivery of the product.
  1. All rights recognized by the law in force will be safeguarded.

 
ITEM 10: EXCHANGES

The products purchased through the site pacifiquesud.pt can be exchanged.
 
ARTICLE 11: FORCE MAJEURE REASONS

  1. "We shall not be liable for any non-compliance or delay in any of the obligations assumed by us under a Contract whose cause is due to events that are beyond our reasonable control, namely due to Force Majeure."
  2. The Reasons of Force Majeure 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 reivindicative measures.
    • Public order disturbances, riots, invasions, attacks or terrorist 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, airplanes, motor transport, or other means of transportation, 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 of maritime or river transport, postal or any other type of transport.
  1. "It shall be considered that our obligations arising from the contracts are suspended during the period in which the Force Majeure Events occur, and we will benefit from an extension of the deadline to fulfill such obligations for a period equal to the duration of the Force Majeure Events. We will use all reasonable means to terminate the Force Majeure Events or to find a solution that allows us to fulfill our obligations arising from the contract, despite the Force Majeure Events."
.
ARTICLE 12: LIABILITY
  1. For all stages of access to the site pacifiquesud.pt, as well as the ordering process, delivery, and subsequent services, RISCAS SUCESSIVAS, LDA only has an obligation of means.
  2. "A RISCAS SUCESSIVAS, LDA does not guarantee or take responsibility for any inconveniences or damages inherent to the use of the internet network, service interruption, external intrusion, or the presence of computer viruses, or any other case of force majeure. The articles sold are described and presented on the website pacifiquesud.pt, with the utmost accuracy possible."
  3. If, despite all precautions, errors occur on the site pacifiquesud.pt, RISCAS SUCESSIVAS, LDA will not be held responsible for this.
  4. The provisions in this clause shall not affect the customer's legal rights to withdraw from the contract.

 
ARTICLE 13: MINOR

We do not sell products to minors.
 
ARTICLE 14: PERSONAL DATA PROCESSING AND NEWSLETTER

In compliance with Portuguese law regarding the protection of personal data, the information or data provided by the user will be processed in accordance with what is established in our Privacy Policy.
 
ARTICLE 15: VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

A RISCAS SUCESSIVAS, LDA is not responsible for any damages or losses resulting from a service navigation attack, viruses, or any other technologically harmful or damaging program or material that may affect the user's/client's computer, computer equipment, electronic data, or materials, as a result of using the website pacifiquesud.pt, or downloading content from it or from the contents to which it redirects.
 
ARTICLE 16: INTELLECTUAL PROPERTY

  1. All elements of the sitepacifiquesud.pt, whether they are visual or auditory, including the underlying technology, are protected by copyright, trademarks, or patents.
  2. The user who has a personal website on the internet and wishes to place, for personal use, a simple direct link to the homepage of the site pacifiquesud.pt, must necessarily request authorization from RISCAS SUCESSIVAS, LDA.
  3. The authorization referred to in the previous number is only valid if provided in writing.
  4. Any link or hypertext directed to the sitepacifiquesud.pt, using the framing technique or in-line linking is formally prohibited.
  5. In all cases, the use of any link, including those mentioned in numbers 3 and 4 of this clause, even if tacitly authorized, must be removed upon a simple request from RISCAS SUCESSIVAS, LDA.

 
ARTICLE 17: PRIVACY AND PERSONAL DATA PROTECTION

All Clients have the right to access, rectification, cancellation, and opposition of 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 to geral@pacifiquesud.pt.
According to 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 direct marketing purposes through any communication channel, namely by using email, SMS, MMS, or other forms of automated calling. RISCAS SUCESSIVAS, LDA will not sell or share its customer database with third parties.
 
ARTICLE 18: TOTAL AGREEMENT

  1. The present general conditions of sale constitute the entire agreement between the parties in reference.
  2. If any of the clauses of these conditions becomes null and void due to a legislative or regulatory change, or by court ruling, it shall be considered as not written.
           
ARTICLE 19: RIGHT OF UNILATERAL ALTERATION OF CONDITIONS
  1. The present conditions may be subject to change at any time.
  2. The user/client is subject to the policies and conditions in effect at the time they are using the site.pacifiquesud.pt, or formalize your order, unless changes are made, with retroactive effect, to those policies, conditions, or privacy statement by law or decision of government bodies;
  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 20: DURATION
  1. The present conditions apply during the duration of the services offered by RISCAS SUCESSIVAS, LDA.
  2. All exclusive items on the site are valid until stocks last.
 
ARTICLE 21: ADR - ALTERNATIVE DISPUTE RESOLUTION

In compliance with the provisions of Law No. 144/2015 of September 8, all consumers are informed that, in the event of a dispute arising from our supply of goods and services, they may resort to an Alternative Consumer Dispute Resolution Entity, identified below:
  • Vale do Ave Consumer Dispute Arbitration Center / Arbitration Court
    E-mail: triave@gmail.com
    Tel: 253.422.410
  • Porto Consumer Information and Arbitration Center
    E-mail: cicap@mail.telepac.pt
    Tel: 225 508 349 / 225 029 791
  • Lisbon Consumer Dispute Arbitration Center
    E-mail: juridico@centroarbitragemlisboa.pt/ director@centroarbitragemlisboa.pt
    Tel: 218 807 030
  • National Center for Information and Arbitration of Consumer Conflicts
    E-mail: cniacc@unl.pt
    Tel: 213 847 484
  • Algarve Consumer Conflict Information, Mediation and Arbitration Centre
    E-mail: apoio@consumidoronline.pt
    Tel: 289 823 135