TERMS & CONDITIONS

 

1. Introduction

The domain/online store available at www.averse.pt is owned by GBTX, Lda. The company, with registered office at Rua Afonso Nunes de Mariz, nº 1001, 4750-571 Mariz, Barcelos, Portugal, owns the brand “AVERSE” and is registered at the Commercial Registry Office of Braga (Portugal) under company number and VAT number 513482920.

 

These terms and conditions constitute an agreement in relation to your use of the website and the purchase and selling of the goods at the online store www.averse.pt. By using this website or placing an order through it, you are consenting to be bound by the terms and conditions set forth below, which may be subject to amendment without prior notice. It is your responsibility to check these terms periodically for changes as the conditions prevail upon the use of this website.

If you have any questions about the conditions hereby established (hereinafter “Terms & and Conditions”), you may contact us through our contact web form.

(colocar hiperligação)

 

2. Privacy policy

AVERSE endeavours to ensure that your privacy is protected whenever you use our services. Please check the “Privacy Policy” on our website in order to keep up to date. 

 

3. Data security

AVERSE secures the personal information you provide on servers in a safe environment, protected from unauthorized access, use or disclosure.

 

4. Sales conditions / Orders / Contract execution

To place an order through www.averse.pt, you need an e-mail address and to set your browser to accept both cookies and pop-ups in order to make full use of the online store.

Please note that the reference to any product or service listed on the website www.averse.pt does not imply or warrant that these products or services will be available as we reserve the right to discontinue any product, at any time.

 

How to place an order:

  1.      Find the products you want and add them to the “Shopping Bag” by clicking the “Purchase” button;
  2.      Once you have finished, click the “End Purchase” button;
  3.      Fill in the data by entering your contact and invoicing details;
  4.      Fill in and select the delivery option and the delivery details;
  5.      Fill in and select the payment option;
  6.      Check you order and confirm your request;
  7.      You will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

 

 

No contract in respect of the purchase between the both parties shall exist until your payment has been accepted and the sum has already been deducted from your account.

The e-mails with the confirmation of receipt of your order and payment shall be saved for future reference.

By submitting an order form, you agree and accept our terms & conditions.

AVERSE may not process purchases when there are not sufficient guarantees of solvency, on the grounds of lack of payment, when orders are incomplete or incorrect, when these “Terms & Conditions” have not been acknowledged, or the products are no longer available.

In the above cases, AVERSE shall inform the customer by e-mail that the purchase has not been confirmed and thus the order has been cancelled.

 

If the products displayed on the online store www.averse.pt are no longer available at the time of your last access or once we have received your order form, we shall inform you of the unavailability of the ordered products within ten (10) working days from the receipt of your order.

If the order form has been sent and the price has been paid for items that are no longer available, we will fully refund the amount paid.

 

5. Confirmation or Cancellation

AVERSE reserves the right to not confirm and/or to not deliver the items ordered by the customer, for any reason and without being liable for any damage or costs, in the following situations:

  •        the product is not available / in stock (payments will be refunded);
  •        your invoicing information is not correct or incomplete;
  •        the order is flagged up as an unusual order or an order susceptible to fraud;
  •        the payment is not received by AVERSE within 5 days after acceptance of your order;
  •        the customer must have legal age to subscribe newsletters and do online purchases;
  •        in case of an error in the price of any product;
  •        we could not deliver to the address you provided.

 

6. Payment

The payments methods available on the online store AVERSE are “VISA”, “PayPal”, and “ATM reference”, as mentioned in the payment window in which the customer proceed to checkout. We do not accept any other method of payment.

The customer shall pay only the exact amount specified on confirmation of each order and shall not try to pay by any other way than specified above, otherwise AVERSE we will not be liable for loss of the payment or any other damages that may result from this action.

If you pay by Credit Card or PayPal, all details (card number and expiration date) will be sent by encrypted protocol to the company that provide remote electronic payment services, without third parties having any access there.

Such details will not be used by AVERSE except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in order to comply with the exercise of your return right, for reporting cases, or in compliance with any legal obligation, e.g. in case of fraud.

If you pay by ATM reference, method exclusively available for mainland Portugal and Portuguese islands, the data for payment will be sent to the e-mail address mentioned upon customer registration. Payment shall be made in the maximum period of three (3) working days after you submitted your order. The items will be shipped after payment is received. In the event of no payment has been received, your order will be cancelled.     

 

The total price of items and the shipping costs, as mentioned in the order form, will be charged to the customer upon the purchase.

Your payment information will be encrypted from the moment you enter it until your transaction is processed, and will not be saved on a public server.

Any payment transmitted by the Internet, or via e-mail, cannot be completely guaranteed, namely when the user/customer does not take all due precautions or responsibilities for his/her conduct.

AVERSE shall not be liable for any damages suffered as a result of the use of electronic means of communication, such as damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programmes used for electronic communications and transmission of viruses.

 

7. Prices / Shipping Rates

The price of the products shall always be displayed on the website, except in case of apparent error. Even though AVERSE takes care to ensure that all prices quoted on the online store website are accurate, errors may occur.

If we discover an error in the price of any ordered product, we will inform the customer as soon as possible and give him/her the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact the customer, the order will be treated as cancelled and if the product has already been paid, he/she will receive a full refund.

AVERSE is under no obligation to sell the products to you at the incorrect lower price (even after we have sent you a shipment confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by the customer.

The prices displayed on our website include Value-Added Tax (VAT) and are all quoted in euros.

Shipping rates are applied per order. Please note that changing the country of delivery may have an influence on the price due to transport costs.

The total price specified on the final checkout screen includes tax and shipping costs.

 

8. Exchanges / Returns / Complaints

For AVERSE, the quality and customer satisfaction are of the utmost importance! If you are not pleased with the products you received, for whatever reason, you may return and exchange them within fifteen (15) days after delivery, as long as the products are unused, upon presentation of proof of purchase, in their original packaging, and as long as you followed the procedures stated in the Exchange and Returns Conditions. The costs incurred for the return shall be borne by the customer.

You should contact us by e-mail: sale@averse.pt and mention the appropriate subject: “PRODUCT EXCHANGE”, “PRODUCT RETURN”, or “DEFECTIVE PRODUCT”.

 

8.1 Returns of Defective Products

For AVERSE, the quality is of the utmost importance! If any delivered product is defective or not in conformity with your order, you should contact us by e-mail: sale@averse.pt within fifteen (15) days and mention the subject “defective product”. If the product is still available, we will exchange it or refund the purchase and shipping costs. If the problem has not been caused for reasons other than the materials quality or assembling process, the original product shall be returned to the customer. We will not refund the money paid for the products if the conditions below are not fulfilled.

Exchange and return conditions:

  •        The products cannot be washed, used, or tampered;
  •        The product conserves its original characteristics and the packaging is undamaged;
  •        The product is complete and the tag has not been removed.

 

The order will be considered as accepted if, after delivery, the customer does not return the order/products or contact AVERSE to complain about the quality or conformity of the products.

Please note that the shipment of exchanges and/or returns may take a few working days. We strongly recommend you to keep the proof of the original shipping. In the event of a lost order during the return shipping, this proof is necessary to track it.

Please be aware that the life span of any AVERSE product depends on the individual use, the conditions of use, and the wear and tear standards of each user. The damaged products resulting from customer normal wear and tear or beyond reasonable life span of the product will not be replaced.   

 

9. Refunds

You will be notified by e-mail once we have checked and processed the product return internally.

The money will be directly refunded to the original account used for payment.

The reimbursement may take up to thirty (30) days to show up in your current account.

In you do not receive a confirmation by e-mail within fifteen (15) days after your refund request, please contact the Customer Service at www.averse.pt.

 

10. Discounts / Promotion Codes

10.1 Discounts

The promotion offers and the discount items are valid only at the moment they are displayed on the website and for the period of time mentioned by AVERSE.

 

10.2 Promotion Codes

When used according to its terms, a promotion code entitles the user to a one-time promotion/discount relating to the purchase of a single product or to a set of products during the period indicated/associated for this promotion code/promotion campaign.

Promotion codes can be used only in online purchasing on our website. The customer entitled to the promotion code cannot sell, barter or give it away. You cannot upload or make available a promotion code on any website or through any other public offer, give away, sale or barter it. Promotion codes for commercial purposes are not allowed.

The promotion code can be used only per product and per order. Promotion codes cannot be combined with any other promotion or special offer.

AVERSE does not have any obligation to re-issue or refund promotion codes.

The discount resulting from the promotion code may only be applied in a purchase of equal or superior value to that which generated the code.

Without prejudice to any other rights, AVERSE is entitled to immediately invalidate a promotion code if the company has reason to suspect that a promotion code is used in violation of the above, for theft or in the event AVERSE has other reasons to do so.

 

11. Information on the website

Even though AVERSE has composed its website with care, the information, texts, graphic documents, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. AVERSE shall not be not liable for any damages resulting from the use of (or inability to use) its website, including damages caused by viruses or any incorrectness, or incompleteness of the information, unless such damage is the result of any misconduct or from negligence on the part of AVERSE.

AVERSE may amend these use and contract conditions in force, without prior notice, and may also change, at any time, the information and commercial supply related to products, prices, promotions, trading conditions and services. Any amendment shall always be displayed on the website www.averse.pt, so, prior to the use of the website or any purchase on our online store, we recommend that you carefully review/confirm the Terms & Conditions in force at the moment as you and/or your commercial transaction will be bound to them.

 

12. Copyright

All the brands (except where expressly excluded), distinguishing signs, images, texts, pictures and any other work or artwork reproduced or represented on the website www.averse.pt are AVERSE property and are therefore protected by intellectual property law. As a result, you are not allowed to reproduce or use any material from our website in whole or in part.

 

13. Responsibility

AVERSE shall only be liable for damages suffered by the customer in the event such damages result from attributable breach by AVERSE of its contractual obligations towards the customer, or in the event AVERSE liability follows from applicable statutory law.

In the event the customer has suffered damages in relation to the website activity, AVERSE liability shall be limited to:

  •        Damage to AVERSE products or to other materials;
  •        Reasonable and demonstrable costs incurred by the customer to find out the cause and the amount of compensation of the damages;
  •        The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.

AVERSE shall not be liable for damage incurred by a third party resulting from the use of any of our products. AVERSE shall not be liable for damage incurred by the customer as a result of the improper use of any of our products.

AVERSE shall not be liable for damages as a result of incorrect understanding of the information displayed on the website.

In the event the customer suffers damage as a result of AVERSE gross negligence, none of the limitations in this article apply.

 

14. Law and jurisdiction

These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the website or with any purchases on it shall be governed by Portuguese Law.

 

15. Customer Service

For further information or questions, the Customer may contact AVERSE by e-mail: averse@averse.pt.

 

 

AVERSE, 31/10/2017


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