Terms and Conditions
1.2 By placing an order on this website, you agree to comply with all the conditions. If you are a ‘consumer’ (purchasing outside the scope of your business), then these conditions do not affect your statutory rights where these can not be limited or excluded by applicable law.
1.3.1. All products have a processing time up to two business days after payment confirmation, followed by the delivery. This processing period functions as a “period of reflection” to the consumer, during which you can cancel your order for any reason without penalty.
1.3.2. This “period of reflection”, does not apply in the case where the product is customized or produced specifically for you.
1.4. In case you do not need the “period of reflection” and want to get the product urgently, at the time of purchase, select this option, and the product, if any in stock will be shipped the same day of purchase (being carried out before 16h ).
1.5 All products cancellations must be made within two business days after purchase and before their dispatch, via email: elio.thenewgeneration@gmail.
1.6 If you need more information, contact customer support via email: firstname.lastname@example.org.
2.2 Although we make every effort to ensure that the showed items are available, we can not guarantee 100% that particular item is in stock or immediately available when you “send” your request. So we can reject your request (without liability) if we are truly unable to process it or stick to it. In this case, we will refund any payment that has already been made for the item.
2.3 An order submitted by you constitutes a request for you to us for the purchase of products in these conditions and subsequent, is subject to our acceptance.
2.4 Prior to such acceptance may be raised an automatic email confirmation of your order. Please note that any automatic recognition does not constitute a formal acceptance of your order.
3.2 Each customer is responsible for maintaining and updating your account information for accuracy and integrity (and any passwords given for access to the website and / or to purchase products) and keep such information secure from unauthorized access.
3.3 Unless otherwise agreed, for any product, the customer will only be a customer and not a product reseller.
3.4 No warranty, commitment or any other obligation must be assumed by you on our behalf or on behalf of a product manufacturer, licensor or supplier without our prior written consent.
4.1 The prices of the products are those in effect at the time of shipment or delivery. Prices may be indicated on the website or in the order confirmation.
4.2 Prices (unless stated otherwise) are in the website’s currency.
4.3 We have the right at any time prior to our acceptance, to withdraw any discount and / or revise prices to take into account increases in costs including (without limitation) costs of any materials, transportation or the increase or imposition of any tax, duty or other charge / change in exchange rates. We also reserve the right to notify you of any errors in the descriptions or errors in pricing the product before the product shipment. In this case, if you choose to continue with the execution of the request, acknowledges that the product will be provided in accordance with such revised description or corrected price. If you do not choose to continue with the execution of the request, it will be canceled without any increase to the customer.
4.4 All products include VAT. Any other tax or fee (where applicable) will be added to the price to pay.
4.5 When the order is finalized, you agree to pay the shipping of the products as it is mentioned by us at the time of purchase.
4.6 Payment will be made prior to delivery and should be done by the payment options indicated on the website (unless we have agreed another option).
4.7 We reserve the right to verify credit or debit payments before the acceptance of the order.
4.8 All products, after being accepted, will be sent with the invoice.
5.2 The delivery time, acceptance or processing of the order or specified dates on the website are real estimates. However, as we endeavor to meet such deadlines or dates, we can not commit ourselves to dispatch the products and / or start the delivery service on a date or particular dates and we shall not be liable for possible delays.
5.3 Information about the place of delivery should be sent by you and must be a valid address, liable to acceptance (“Delivery Address”). You must check the delivery address and upon acceptance of the order, if the address is incorrect we immediately notify errors or omissions.
5.4 We reserve the right to charge any additional costs resulting from the changes made to the delivery address after sending a request.
5.5 The customer will be responsible for all saddled product storage costs and any additional costs incurred as a result of refusal or failure to accept delivery.
5.6 Each product is considered as individual and constitutes a separate contract. Thus, any defect in only one product does not give you the right to abandon the contract as a whole nor to cancel any subsequent product.
5.7 Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you will not have the right to reject the products in whole or in part, upon delivery.
5.8 Unless otherwise provided in these conditions, the risk of loss or damage of goods passes to the customer on delivery or when placed in your possession.
(A) damage or loss products (where the goods are transported by our own transport or by a carrier on our behalf) where notified to us within 5 working days of the products delivery;
(B) products in defects (not being defects caused by any act, neglect or default on your part) notified in writing to us within 15 days of the products delivery.
6.2 We shall not be liable for any damage or losses arising from defective installation of the Products; from the use of the Products in connection with other defective, unsuitable or defectively installed equipment; your negligence; improper use or use in any manner inconsistent with the manufacturer’s specifications or instructions. Except as set out above or under any applicable Returns Policy and subject to any rights you have under applicable law that cannot be excluded or limited by these Conditions.
7.2 Elio Kayaks engages its best efforts to inform, serve and protect the User. User is solely responsible for the use of the website, its tools and features. In no event Elio Kayaks or its directors, officers, agents, employees, partners, partners or service providers shall be liable for any damages, indirect, punitive or atoning, lost profits or other monetary losses related to any claim, judicial action or other proceeding taken regarding to the use of the website, its content, features and / or tools.
7.3 Notably, it is excluded from the responsibility of Elio Kayaks the following conditions, among others.
7.3.1 Damage and losses that the user can have for the unavailability or partial operation of the website and / or all or some of its services, information, content, functionality and / or tools as well as the incorrectness or inaccuracy of any of these elements;
7.3.2 Price differences between the articles available on the website and those exposed for sale on other websites linked to Elio Kayaks competitions or physical spaces;
7.3.3 Damage and losses that the user may experience as a result of use of the website in violation of the law, customs or public order;
7.3.4 Damages that the user may experience as a result of failures on the website, including failures in the system, server or network connection, or malicious interactions such as viruses, software that can damage the equipment or access to the user equipment information;
7.3.5 Damage and losses that the User may experience as a result of distortions that the images of products can present, highlighting the merely illustrative of such images; among others.
8.2 Ownership of content. All webite content – including the domain name [eliokayaks.com], programs, databases, files, texts, photos, layouts, headers and other elements – was created, developed and given to Elio Kayaks, and only Elio Kayaks are the owner.
8.3 Prohibition of use. The user to browse the website, agrees to respect the existence and extent of intellectual property rights from Elio Kayaks as well as all rights of third parties to be used, in any way, on the website or that may be made available on the website. It is forbidden to the user, only if Elio Kayaks say the opposite, reproduce, distribute, modify, display and create derivative works or otherwise use any content of this website and the materials available on or through the website, including the brand. The user who violates the prohibitions contained in the legislation on intellectual property and in these Terms and Conditions of Use will be held accountable, civilly and criminally, for offenses committed.
8.4 Submitted content by the customer. By submitting any content to the website, the customer retains ownership of its rights over such content (text, video, images, audio, etc.), yielding to Elio Kayaks one free character, irrevocable, worldwide, non-exclusive for reproduction , modification, translate and display in any form, including the website, stating also the customer be entitled to all rights related to that content.
9.2 You will always have the supplier’s warranty of 2 years for the products produced and supplied by the same. Except when:
9.2.1 Products have been repaired or altered by others than the manufacturer or any unauthorized dealer or professional;
9.2.2 Incorrect use of the product; and / or
9.2.3 Defective product or products that have not been returned together with full details in writing of the alleged defects within 15 days from the delivery date of the product.
10.2 Products licensed or sold to you, may be subject to export control laws and regulations in the territory or other relevant jurisdiction where the delivery will be made. You are responsible for complying with these laws.
10.3 Items entering the European Economic Area (EEA) from outside, may be subject to customs charges. The same can happen and as such, any additional costs for customs clearance, taxes or import duties must be taken from you. You should contact the local customs office in the relevant jurisdiction for further information on the policies and customs duties.
12.2 Product features: Elio Kayaks included in each product page the information and its features. Before buying a product, the customer should carefully read the page and if in doubt, contact the customer service via email: email@example.com
12.3 We will not be responsible neither the contract will end for any loss or damage that may be suffered as a direct or indirect result, which we cannot be prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control, including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, trade dispute or labor unrest, breakdown of plant or machinery, interruption in supply of energy or materials. In these cases, we may choose to cancel your order and refund any payments made.
12.4 No waiver of any term or condition of these conditions shall be effective unless it is in writing and signed by us.
14.2 In view of the differences that may exist between the local and national legislations, to visit the site, you agree that the applicable law for purposes of these Terms and Conditions of Use shall be that prevailing by Portuguese law.
14.3 The language of any dispute resolution procedure or process will be English and / or Portuguese.