Terms and conditions
General Conditions of Sale
General Sales Terms and Conditions
1. Ownership of the online store Freakincorals.pt
1.1 FreakINCORALS – NeptuneAdvantage unipersonal LDA (from now on, "Freakincorals" or simply"Vendedora") with its registered office in Rua Direita, Portugal, with the registered capital of5,000,00€, NIPC nº PT 515494496, registered at the Commercial Registry office ofLisbon, is the legitimate owner of the official website of the freakincorals brand and whose domain can be found in Freakincorals.pt
2. Contacts and Customer Support
2.1 For additional information, you can contact Freakincorals at info@freakincorals.com. If you prefer, you can do so by phone, Monday to Saturday, from 13:00to 19:30, through the number +351 912091108, or by mail to the address Rua João Freitas Branco Loja 25 a, 1500-714, Alto dos Moinhos, Portugal.
3. Subject and scope
3.1. These General Terms and Conditions of Sale exclusively govern the purchase and sale made in the Freakincorals.pt online storebetween the "Final Consumer" as a buyer and freakincorals as a seller, and apply to all visitors to the Freakincoralswebsite.pt, as well as to any transaction of a commercial nature carried out through this online store.
3.2. The navigation of the site, as well as the purchase of any product in Freakincorals.pt, implies the acceptance of these general conditions of use and contracting.
3.3. FREAKINCORALS – NeptuneAdvantage unipersonal LDA sells all products displayed and will be the entity responsible for the sale on the Freakincorals.pt website, and all e-commerce services are only available to consumers."
3.4. "Final Consumer" or "User" or "Buyer" shall be considered as "Buyer" any person who acts/buys for a purely personal purpose, outside of his business or profession, without any desire to resell the items he/she purchases in the Freakincoralsonlinestore
3.5. FREAKINCORALS – NeptuneAdvantage single-person LDA. reserves the right to change these conditions of use and contract, without notice, as well as to modify at any time the information and commercial offer presented about products, prices, promotions, commercial conditions and services, and any change will always be published on the Freakincorals.pt website.
3.6. FREAKINCORALS – NeptuneAdvantage single-person LDA. reserves the right not to process any order received from users other than "Final Consumers" or those who do not agree with the general conditions of sale of the "Seller".
3.7. The "Final Consumer" shall provide Freakincorals,as a seller, with an email or postal address, or data relatingto another form of contact, which is correct and complete and accepts that Freakincorals.pt a(o) can contact using this data, if it deems appropriate.
4. Information about contents of the online store Freakincorals.pt
4.1.The Freakincorals.pt website is intended for private use only so the reproduction, transfer, distribution or storage of the contents of the Freakincorals.pt onlinestore, without prior written permission, is prohibited for any purpose other than strictly personal use.
4.2. It is expressly prohibited to introduce links to our website for commercial purposes or without the prior authorization of Freakincorals,as well asthe use of the Freakincorals.pt domain for abusive purposes, without prior authorization, you will be eligible to use the competent legal means by FREAKINCORALS – NeptuneAdvantage unipersonal LDA
4.3. In the event that you find links on other sites that allow you access to Freakincorals.pt or references to the Freakincorals online store we inform you that"FREAKINCORALS – NeptuneAdvantage unipersonal LDA" has no responsibility for the links or pages, nor for the contents inscribed therein.
4.4. We are strongly committed to making sure that the information presented in Freakincorals.pt is free of typographical errors and whenever they occur, we will proceed as soon as possible to the correction.
4.5. All contractual information is written in Portuguese, as well as information on articles, e-mail communications and formalization of the sale, with the exception of expressions very specific to the universe of articles.
5. Trade Policy
5.1. In the event that the information presented does not correspond to the characteristics of the product, the Customer shall have the right to the resolution of the purchase and sale contract in the applicable legal terms.
5.2. As on the website are merely illustrative, so we recommend that you consult the detail of the product for more information about the respective characteristics of the articles you want to purchase.
5.3. The prices and specifications of the products are subject to change without notice. Despite Freakincorals' extreme attention to keep all the information up to date, some products may contain an incorrect price, so we will check prices every time we process orders. If the price of the product is lower than the advertised price, we will refund the difference. If the price is higher, we will inform the "Final Consumer" by email and await your decision to accept the new proposal or cancel the order.
5.4. The product catalog of the Freakincorals online store is independent of the physical store, both at the level of the products presented and in stock quantities. All promotional campaigns have limited stock and can be exclusive to the online store Freakincorals.pt.
5.5. The validation of the purchase order or order assumes that the "Buyer" is aware of and accepts the General Terms and Conditions of Sale of the Freakincorals.pt website.
5.6. All data recorded by Freakincorals.pt constitute proof of the set of transactions made between the "Seller" and the "Final Consumer", and it is the responsibility of FREAKINCORALS – NeptuneAdvantage unipessoal LDA to archive the electronic document in which the contract is formalized, being obliged to keep it accessible.
6. Obligations of Customers and Users
6.1. Any visitor to the Freakincorals.pt website is obliged to comply with and comply with these general conditions, includingobserving the following obligations: It is forbidden to introduce, store or disseminate through the Freakincoralswebsite .pt defamatory, obscene, libelous, xenophobic and/or any other nature that violates the general principles of law and public order; Save, and not disclose, your entry password on the site in order to prevent third parties from accessing your account and personal data; Do not use false identities; Provide your personal data and correct addresses so that Freakincorals can properly process orders.
6.2. The "Final Consumer" is the sole responsible for the veracity of the personal data communicated to Freakincorals and undertakes to immediately enter and inform any change through its FreakincoralsRegistration Account .pt.
6.3. Freakincorals dismays any liability for any delay or impossibility of processing the order due to error or insufficiency of the data communicated by the "Final Consumer", in particular at the time of delivery.
7. Online ordering
7.1. To place an order at Freakincorals.pt, it is necessary that the "User" has a valid and frequently used email account. Then, simply insert in the virtual shopping cart all the products that the "Final Consumer" wants to purchase, following all the steps of the purchase so that it is completed successfully.
7.2. Place an order at Freakincorals.pt is very easy: Browse the pages of the freakincoralsonline store and find the products you want to purchase; Add the preferred products to the shopping cart via the "Add to cart" button; The moment you understand that you have already chosen all the items you want to purchase, finalize the purchase by clicking on "Continue Order" in the shopping cart; Then fill in your personal data in a very simple form (pay close attention to filling out the address and email); Then select the send mode; Then select the payment method; Review your order; Make the payment confirming the order; Finally, you will receive an order confirmation via e-mail; At the end of the purchase process, your order is confirmed and you will only have to wait for the days foreseen for the postal shipment of the items.
7.3. As soon as you finish your purchase, you will receive an automatic email confirming the transaction. We suggest that you print or download this copy for future reference. If the data is not correct you can immediately request your change, or even the cancellation of the purchase made. 7.4. In case of non-confirmation of payment or non-compliance with these General Terms and Conditions of Sale, Freakincorals reserves the right not to accept your order, or to cancel it in whole or in part, even after automatic confirmation of the same.
8. Product availability and order confirmation/cancellation
8.1. Freakincorals only processes an order placed by a customer after confirmation of its payment, so Freakincorals cannot guarantee the availability of the items until the beginning of such processing.
8.2. Freakincorals only dispatches orders on weekdays. Thus, to estimate the delivery time of the orders, the weekends or the holidays are not counted. Any delay in the dispatch of articles, in view of the estimate of the dates submitted, does not confer the right to compensation.
8.3. The satisfaction of all orders placed on the website is subject to the availability of the products. Freakincorals tries to ensure that all items on sale on the website are in stock. However, Freakincorals reserves the right not to accept any orders or cancel orders already confirmed for products that no longer have stock. In case of product unavailability and/or stock disruption, Freakincorals will immediately inform "Final Consumer" of the partial or total cancellation of your order, and the buyer is entitled to a refund of the respective amount paid.
9. Confirmation or cancellation of order
9.1. Freakincorals may not validate the order that does not have sufficient guarantee of good collection, when the order is incomplete or incorrect, or when the products ordered are no longer available. In any of the above cases, Freakincorals will inform the Final Consumer via e-mail that the sales contract has not been made and that Freakincorals has not proceeded with the sale, specifying the reasons for this.
9.2. If the products ordered in Freakincorals.pt are no longer available at the time of their last access tothe site, despite having obtained confirmation of the order, or when Freakincorals accepts your order, the "Seller" will immediately inform the "User" about their unavailability, never exceeding the period of 30 days after receiving the order.
9.3. If an order has been placed, and its payment, for products that have since become unavailable, Freakincorals will refund the money paid for the unavailable items.
9.4. Freakincorals reserves the right to refuse any order, regardless of the reason and free of liability for any damages or costs, as well as reserves the right to cancel any purchase even if it has already been accepted or confirmed by Freakincorals,in particular in the following situations: The information on the invoice is not correct or verifiable; The order is flagged by the Website Security Systems as an incorrect, irregular order, or an order likely to be fraud; when the transfer of the payment of the order was not received within 5 working days following the acceptance of your order; When it is not possible to deliver the order at the address provided by the "User"; If you consider that the "Buyer" did not have the capacity to perform that act. If it is found that there was an error in the presentation of the price of the product(s); If you assume that the order comes from a reseller.
10. Payment Terms and Security Guarantees
10.1 Available payment methods will be presented at Freakincorals.en. We do not accept any payment method other than those mentioned.
10.2. You can pay for your products using your usual credit cards, using your personal PAYPAL, MBWAY or via bank transfer.
10.3. In payments using credit card, all details (such as card number, expiration date or security code) will be sent by encrypted protocol to the company providing the remote electronic payment services, REDUNICRE, without third parties being able to access the information transmitted. This information will not be used by Freakincorals,except to carryout the operations necessary for purchase or reversal (refund), in the case of return in accordance with the exercise of the right of return, or to communicate fraud cases to the police.
10.4. The purchase price of the products and the shipping costs, as indicated on the order form, will be charged to the checking account when the purchased products are actually shipped.
10.5. We urge you not to attempt to make payment by any other means not specified in Freakincorals.pt. If you try this, Freakincorals cannot be held responsible for the loss of payment, or any other damages that may arise.
11. Security of the online store Freakincorals.pt and all transactions
11.1. Freakincorals.pt onlinestore uses the latest and most robust security technologies available for encryption platforms. All payment information you provide will be encrypted from the initial moment of your transaction to the time the order is processed, and will not be stored on any public server.
11.2. Although we use highly evolved encryption software, any payment transmitted over the Internet, or via email, is at some risk, particularly when the "User" does not take appropriate precautions and does not assume the proper conduct of responsibility.
11.3. Freakincorals.pt cannot be held responsiblefor any damage suffered as a result of the use of electronic means of communication, in particular damages arising from failures or delays in the delivery of electronic communications, interceptions or manipulations of electronic communications by third parties or computer programs used for communications or transmissions of viruses.
12. Reserve of Ownership of marketed products
12.1 Freakincorals owns ownership of the company's products until it has received full payment for all such products.
13. Prices
13.1. The prices of the products displayed on the Freakincorals.pt websitecontain/contain value added tax (VAT).
13.2. The total price specified in the final checkout menu includes taxes and shipping costs. Prices are quoted at the time of order confirmation, which you can print or download for future uses. Please transfer only the exact amount specified in the order confirmation and make individual transfers on demand.
13.3. Shipping fees are calculated per order, and the exact price of the shipping fee will depend on how your order will be delivered.
14. Quality and Warranty
14.1. Freakincorals will only sell high quality items in Freakincorals.pt and will never sell defective or qualityproducts below the standards on the market.
14.2. The products offered for sale in Freakincorals.pt may not correspond exactly to the actual item with respect to the displayed image and colors, especially due to the internet browser and monitor used.
15. Shipping of Products and Deliveries
15.1. Products ordered from freakincorals.pt online store will be shippedand delivered on weekdays, Monday to Friday.
15.2. We can only guarantee the good delivery of an order if the shipping address of the products is well indicated by the "User", located that address in a house or office located in Portugal.
15.3. A delivery shall be considered to be made or a product shall be considered delivered with the signature of the delivery receipt at the agreed address.
16. Cost of Shipping Costs and Delivery Times
16.1. Shipping charges associated with your order will be invoiced on demand, i.e. if you order more than one item, you will pay only once the shipping charges. Freakincorals reserves the right to share the order delivery, for example, if part of the order is delayed or unavailable. In the event that we split the order, the customer will be notified by e-mail of our intention. For this purpose will be used the email address provided by the customer at the time of purchase.
16.2. Delivery shipping costs are in the following table and refer to Mainland Portugal, Islands and Europe.
DestinoPortes
Freakincorals Free Shop
Continental House via CTT 3,00€ to 8,00€ (Free for orders over 65€)
Continental house via carrier €5.00 (Free for orders over €65)
Domicilio Islands via CTTA calculate by volume weight
Europe superio to 49€
16.2. At the time of delivery, the "Buyer" shall inspect the packaging and the products sent in order to ascertain any damage. If you find that the products are damaged, the customer should not accept the delivery of the order, which must be returned immediately through the "Return" mechanism provided for in Freakincorals.pt. Freakincorals will refund the amounts paid for the order and the transport as soon as, at its head, it welcomes and completes the return process.
16.3. The order is considered accepted if, after receiving the order, the "Buyer" does not return the order in the following 30 days.
17. Delivery times of orders
17.1. After your order has been registered, and your payment is confirmed and all items of your order are available, Freakincorals undertakes to ship observing the following delivery times: In Mainland Portugal, within 3 to 7 working days. In the Archipelago of Madeira and the Azores, on average, between 10 and 12 working days.
17.2. Freakincorals shall not be liable for failure to comply with, or delay in the fulfilment of, any shipping obligation that is due to an event of force major, that is, to an event, act or omission, outside its reasonable control.
18. Product Returns
18.1. If you decide to return the purchased products, Freakincorals has the right not to accept the return of products if the returned items are not in the original condition and packaging, or if they have been used.
18.2. Upon receipt of the order, the "Buyer" has 30 days to return your item(s) – if you find that they are defective or other non-conformities with respect to the products ordered or by simple withdrawal, without having to expressly indicate the justification.
18.3. The return of items will be the responsibility of the "Buyer", if the buyer wishes to collect the following costs similar to the shipments. Destination Shipping costs Home Continental via Carrier 9,00€ Domicilio Islands via CTT To calculate by volume weight.
18.4. To proceed with the return you should contact us via e-mail to inform us of your decision and the details relating to the article, including reference or invoice of the purchase and date. You will receive an email from us with all the steps to proceed with the return of the article(s). a) For return to a Freakincorals store:according to the instructions you will receive in the email, you will have to go to a Freakincorals store with the item for return in the original box. In the store the item will be analyzed and you will receive a receipt as proof of delivery of the product for return. The return of the money will be made through the site Freakincorals.pt and will only be made after confirmation and acceptance of the item returned under the stipulated conditions.b) For return to be made at the home: according to instructions you will receive in the email, you must attach the document provided by the store in the box for return. The item must be packed in its original box and you will receive instructions on the collection of the original box. Once the article is received in our warehouses, it will be analyzed. The return of the money will only be made after confirmation and acceptance of the returned item under the stipulated conditions.
18.5. Upon receipt of all or only part of the products ordered at our facilities, we will be treated within an average of one week. In case the return is confirmed, you will be refunded the amount through the same payment method. Value returns are only made to the account/card that gave rise to the purchase.
19. Conditions applicable to Promotional Codes (discounts)
19.1. When used in accordance with the rules laid down, a promotion code enables the user to enjoy a promotion/discount relating to the purchase of a specific product or for a set of products, during the period indicated/associated with the promotional code/promotional campaign.
19.2. Promotional codes are personal and non-transferable and may only be used for online purchases made on the website. The sale, exchange or donation of a promotional code is not permitted. The customer carrying the promotional code may not upload or make available a promotional code on any website or other public form of offer, donation, sale or exchange. The use of promotional codes for commercial purposes is not permitted.
19.3. The use of a promotional code is subject only to one use per product and on demand. Promotional codes cannot be combined with any other promotions or special offers.
19.4. Promotional codes cannot be exchanged for cash and will not be reissued or refunded.
19.5. Without prejudice to any other rights, Freakincorals reserves the right to immediately invalidate the promotional code issued if it suspects that a promotional code is being used in violation of the above-mentioned assumptions.
20. Validity of promotions or commercial campaigns
20.1. Promotional offers or commercial campaigns published on the Freakincorals.pt websiteare valid only for the time they are displayed on the site and in accordance with the conditions set forth, unless otherwise communicated on the site.
20.2. In the case of return of items purchased in the context of Commercial Campaigns or Promotions, you will be credited or delivered only the amount you actually spent on the purchase of the item you want to return or exchange.
21. Responsibility
21.1. Freakincorals shall only be liable for damages suffered by the "Buyer" in the event of such damages resulting from violations attributable to Freakincorals' contractual obligations to the "Final Consumer", or in the event that liability results from applicable legal law.
21.2. If the "Buyer" has suffered damage related to the activity of the website, Freakincorals' liability shall be limited to: damage to Freakincoralsproducts, reasonable and probable costs incurred by the "Buyer" due to Freakincorals' violation of these General Terms and Terms of Sale.
21.3. Freakincorals cannot be held responsible for damages suffered by third parties resulting from the use of any of our products. Freakincorals cannot be held responsible for damages suffered by the "Buyer" as a result of misuse of our products.
21.4. Freakincorals is not responsible for damages resulting from incorrect information on the website.
21.5. All products marketed by Freakincorals comply with Portuguese law.
22. Intellectual and Industrial Property
22.1. All texts, comments, works, illustrations, works and images reproduced or represented on the Freakincorals.pt website are strictly reserved under copyright aswell as intellectual property rights for the whole world.
22.2. Accordingly and in accordance with the Intellectual Property Code, the use of information for private purposes is only authorised, subject to contrary provisions including more restrictive provisions contained in that Code.
22.3. Any reproduction or representation of the Freakincorals.pt website, in whole or in part, of the elements included in it is strictly prohibited.
22.4. The name names, trademarks and distinctive signs reproduced on the Freakincorals.pt website are protected in accordance with the legal provisions applicable to industrial property. Reproduction or representation of all or part of any distinctive signs is strictly prohibited and must be the subject of prior written permission from the proprietor of the Freakincorals trade mark.
22.5. If the "User" wishes to use information or materials from the website you need to obtain prior written permission granted by Freakincorals.
23. DoA (“Dead on Arrival”)
23.1. Freakincorals guarantees that all our animals are shipped in good condition. If, for any reason, the animal(s) arrives dead(s) (DOA), you should immediately contact us by sending a picture of the bag(s) still sealed.
23.2. The DoA warranty does not include shipping costs.
23.3. The DoA warranty will be made in full the value of the dead animals(s), through credit in the physical store or online Freakincorals.pt or replacement by the same product (with the cost of the resubmission to the Responsibility of the Consumer in all options).
23.4. If the Final Consumer is not present on the first attempt to deliver the order, and it is delivered with more than 24 hours of transit, this DoA warranty will be voided.
23.5. If the delivery address is the carrier's home, it must be collected by the Final Consumer by the end of the day of arrival, otherwise the DoA guarantee will be voided.
23.6. In the event of the introduction of invalid or wrong address resulting in the death of the ordered animal(s), this DoA warranty will be voided.
23.7. Freakincorals is not responsible for delays or misconduct resulting in death on orders during shipping and delivery. The transport of orders is done by carriers that provide the service of delivery of live, and any delay, damage or bad condition caused during the shipment, is not the responsibility of Freakincorals, but the carrier(s). During shipping and delivery, the general conditions and terms of the carrier(s) in question will apply.
23.8. In the event of animal death, caused by delay(s), damage or bad condition caused during shipment, Freakincoralswill not be liable for thecost of shipping, replacing the amount of the live(s) through credit at Freakincorals or replacement of the living (with the cost of the new shipment to the responsibility of the End Consumer).
24. Applicable law
24.1. These General Terms and Conditions of Sale and all disputes arising in connection with these general conditions, including their validity, use of the Freakincorals.pt websiteor any purchase therein shall be governed by Portuguese.
24.2. In the event of a dispute regarding the interpretation or enforcement of these General Terms and Conditions of Sale, Freakincorals and the "Buyer" undertake to endeave to obtain an amicable solution, which is fair and appropriate, within a maximum period of 60 (sixty) days from the receipt of the communication addressed for that purpose by either party involved.
25. Change to the General Terms and Conditions of Sale of freakincorals.pt
25.1. Freakincorals has the right to change these General Terms and Conditions of Sale at any time. "Buyer" is subject to the principles and terms in force at the date of your order, unless the law or competent authority imposes any changes to them.
26. Warranty
26.1. Freakincorals is merely a distributor, all products marketed by Freakincorals are not manufactured by freakincorals. At the time of sale, Freakincorals passes to the Customer the warranty of this same product(s), some products are marked with a warranty period longer than stipulated by law, which is 2 years. After 2 years, the warranty process must be handled directly between Customer and manufacturer.
26.2. In case of difficulties in installing/using a product, first make sure that you are following all the instructions contained in the Manufacturer's Instruction Manuals, including on the installation and use of the appropriate software. If the problem persists, contact the manufacturer directly or contact our technical department.
26.3. In cases of RMA, Freakincorals undertakes to do its best to exchange its product as soon as possible, but the Customer must bear in mind that the process does not depend solely on the seller (Freakincorals). All products that enter our RMA facilities are tested and shipped as soon as possible. Thereafter, the process becomes the responsibility of manufacturers and suppliers.
26.4. In the case of discontinued products, the exchange may be made for a product equivalent to or higher than that currently on sale, however, this exchange is solely the responsibility of the supplier/manufacturer. A credit note may also be made so that the customer can later purchase another item in our store(s).
26.5 RMA requests are made in the Customer's reserved area. Failure to comply with the procedures described in this section will lead to the return of the product with expenses borne by the Customer.
26.6 Please note that any change to the product of origin VOIDS THE WARRANTY. For example: removal of stickers with serial number or other type of label alrelated to the warranty, etc. In all these cases the RMA is immediately REFUSED.
26.7. Regardless of whether the equipment is guaranteed or not, where it is received for repair and no malfunction is found, or that it was caused by incorrect use, a fee may be charged to cover logistical costs.
26.8. The period for the collection of equipment for repair is 30 days after the registration of a document, otherwise the material is considered abandoned in accordance with Art. 1267/1a of the Civil Union, so Freakincorals is no longer responsible for the integrity of the equipment. From the moment he considers himself abandoned, the holder is obliged to pay the title of criminal clause the amount of 2.5 Euro for each day of delay in the withdrawal. Three years after the date of its document and, under Article 1299 of the C . Civil, the material will become the property of Freakincorals as a user. In the event of debt, Freakincorals has the right to retain all material on its premises until it is fully liquidated.
Consumer Disputes Arbitration Centre - Lisbon
Address: Rua dos Douradores, nº 116 - 2º 1100 - 207 Lisboa
Email: juridico@centroarbitragemlisboa.pt
Phone: (+351) 218 80 70 30
www.cicap.pt
Office hours: 10:00 am - 6:00 pm