Terms & Conditions of Purchase
The present Conditions of Purchase and Use (hereinafter "Conditions") apply to Users and Customers (hereinafter "customer" or "customers") of the Website https://www.freesocietyswimwear.com and, to any commercial transactions made through the virtual store available on it.
The navigation on the Website, as well as the purchase of any Product in the virtual store, requires the acceptance of these Conditions of Purchase and Use by the customer, therefore, if you do not agree https://www.freesocietyswimwear.com/en/privacy-policy and Cookies https://www.freesocietyswimwear.com/en/privacy-policy#cookies governing the use of this Website, you should not use it.
These Conditions may be changed at any time without notice. It is your responsibility to carry out periodic reading of these, as the conditions in force at the time of use of the page (as defined below) will be applicable.
If changes are made to these Conditions and / or our Privacy and / or Cookies Policy, an e-mail will be sent to registered users on our Website. If you have questions regarding the Conditions or the Privacy and Cookies Policies, you can contact us through our contact form.
This web page is managed by BEACH MODE, LDA (hereinafter referred to as "BEACH MODE"), a limited liability company with registered office at Rua da Cruz Vermelha Portuguesa no. 17 A - Paz 2640-583 Mafra, Portugal, with tax identification number PT 513 967 834.
Your data and your visits to this Website
While BEACH MODE makes every effort to keep customer information current and accurate, customers accept and acknowledge that BEACH MODE cannot be held liable for the accuracy and completeness of information provided by customers on the Website, and may be inaccurate, incomplete outdated.
Use of our Website
By using our Website and / or by placing orders through it, the customer commits to:
- Use this Website only to make inquiries or orders that are not contrary to the law. The customer is expressly prohibited from transmitting messages or information that is abusive, misleading, defamatory, obscene or in any way violating the right to privacy, the intellectual or industrial property of others, as well as the availability of any information that may be harmful to third parties or to BEACH MODE.
- To not make any false or fraudulent orders. If it is verified that such an order is made, BEACH MODE will be entitled to cancel it and, consequently, to inform the competent authorities.
By placing an order through this Website, you claim to be over 18 years of age and have the legal capacity to enter into contracts.
Availability of service
BEACH MODE is not liable for damages resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or service to Customers.
In no event shall BEACH MODE and / or its representatives and employees be liable for any damages that may arise, even accidentally, from malfunctioning of this Website, for any reason and for any length of time that such malfunctions, or for any damages caused by the reproduction, use or exploitation that violates the provisions of these Conditions.
BEACH MODE reserves the right to modify at any time the information and commercial offer presented on: products, prices, promotions, commercial conditions and services.
BEACH MODE has the exclusive right to suspend, as a whole or in part, access to the Website, especially during management, maintenance, repair, alteration or modernization operations and to terminate, either permanently or temporarily, partially or totally, at any time, in accordance with its will, the Website or any of the services, without prior notice.
Place an Order / Make a Purchase
To place an order, you must register on our website, providing for this purpose certain personal details, such as your name, email, etc. If you are already a registered user, you must identify yourself by entering your e-mail address and your password.
To place an order, you must follow the online purchase procedure and click on "Finish". In doing so, you are entering into a purchase and sale agreement with Beach Mode, Lda.
Once the order is completed you will receive an automatic email with the "Order Confirmation". In case the details are not correct you can immediately request these to be changed, or even, request the cancellation of the order placed.
The order processing and shipping the order only begins after confirmation of receipt of the payment.
Once the order is shipped you will receive a "Confirmation of Shipping" e-mail and you will be able to consult the "Tracking Number" information of your order in your customer area under "Orders".
The products presented on this Website are available for delivery only in the countries referred to on the Website under "SHIPPING AND RETURNS".
All product orders are subject to availability. Although this Website only allows you to order products that are available, in extraordinary circumstances a product may be unavailable. In this event we will inform you immediately of the unavailability, and we will refund the total amount paid by you within a maximum period of 15 days.
BEACH MODE is not obliged to provide products that are unavailable.
Without prejudice to what is set forth in Clause 7 above, regarding the availability of the products, and unless extraordinary circumstances occur out of our control, your order shall be delivered within the period established on the Website in "Shipping and Returns" depending on the final destination, and mentioned in the Order Confirmation.
Nevertheless, delays may occur for any of the following reasons:
- Delays by carriers
- Difficulties of delivery to the recipient
- Local holidays
Delivery times refer to working days, with no order processing and / or shipment on Saturdays, Sundays and National Holidays.
The order is considered delivered when the customer is in physical possession of the article, which will be evidenced by the signature of the order receipt. You can track the status of your order using the "Tracking Number" assigned by the carrier.
Any delay in the dispatch of articles, compared to the estimated dates presented, does not give the customer the right to compensation.
Unable to deliver
If it is impossible for the carrier to deliver your order due to lack of destination at the place or due to incorrect address, the order will be available for pick up at CTT or TNT warehouses for 3 days. After this period, the order will be returned to us.
Once we have received the order back at our warehouse we will contact you to rearrange delivery. Postage to re-send the order will be charged to customer as per the table available on the website "Shipping and Returns".
Please note that if it is impossible to deliver the product due to there not being a person to accept the package at the destination or due to an incorrect address, you may be charged expenses by the courier for the storage of the order and for new delivery attempts
Exchange and Returns Policy
Right of free termination of contract
According to the applicable rules if you are contracting as a consumer, the customer has the legal right to terminate the contract within 14 days after its conclusion without giving any reason.
The free resolution period will expire 14 days after the day on which the customer (or a third party indicated by you) physically receive the products ordered. To exercise the right of free resolution of the contract the customer has the following options:
- If you have not yet received the "Shipping Confirmation" mail, which means that your order has not yet been shipped, you can send an email to firstname.lastname@example.org stating clearly your wish to cancel the order. You can also do so through the website using the contact form.
- If you have already received the "Shipment Confirmation" mail, which means that your order has already been shipped, you must wait for it to be delivered to you. You must then complete the return form and return the order.
Effects of termination of contract
If the customer exercises the right of free resolution before the shipment of the order, the order will be cancelled and the amount paid for the products will be returned, including delivery costs.
If the customer cancels the contract after the order has been shipped, and before the 14 days expiry date after receiving the order, we will refund the amount paid for the products, including delivery costs.
The arrangement of shipping the products to be returned to our premises, as well as the respective costs are always the customer's responsibility. Upon receipt at our premises of the returned products and confirmation by our services that the products are complete and in the same conditions in which they were shipped, we will refund the amount paid through the same form of payment that the customer used for the original transaction.
We do not issue refunds for products that do not arrive at our premises or that are not received in the same conditions in which they were shipped, see 10.3) Conditions for the exercise of the contractual right to return the products.
Contractual right to return products
The customer has 14 days after receiving the products to return them and / or make an exchange. This right may be exercised for all products purchased or only for some of the products included in an order.
To do so, you must fill in the return form, sent with your order, indicating the reason for the return and if you want to make an exchange for another product or size, or if you want the refund of the amount paid. As defined in point 10.1.1, the arrangements of shipping the products to be returned to our premises and their costs are always the responsibility of the customer.
If you choose to exchange for another product or size, and once returned products are received at our facilities (see point 10.3.), a discount voucher with the value of the products returned will be issues and emailed. This voucher can be used in the new order on the Website and must be entered in at the checkout process in the "Promotional Voucher" field.
In the case of an exchange / return of the entire order, any shipping costs charged for sending the original order will be refunded. In the case of a partial exchange, only the value of the returned product will be credited
If you choose to get a refund of the value of the order, after we have received the returned products and verified that they comply to the conditions of return as defined in point 10.3., We will refund the amount paid, through the same form of payment that the customer used for the original transaction.
Conditions for the exercise of the contractual right to return products
The contractual right to return the products applies exclusively to products that can be returned in the same conditions as the customer received them. There will be no exchanges or refunds of products that have been worn, or that labels have been removed and / or cut, or that present damages attributable to the customer. Any alteration of the products beyond the simple opening of the respective packaging invalidates the possibility of return or exchange.
You must return the item using or including the original packaging and should also include:
- The order confirmation number and / or copy of the invoice / receipt
- The completed return form
- All labels and packaging of products.
Once returned goods are received, our services will carry out the inspection, verifying that they are in the exact conditions in which they were dispatched, in particular with all labels and parts of the product, without having been used and without damage caused by the customer.
Then we will analyze the original order and the return form, validating the option chosen by the customer: exchange or return. If the return has been made within 14 days, and the product meets all the necessary requirements described above, the exchange or return will be confirmed by sending an e-mail with the "Confirmation of Return" of the order (or part confirmation) as per the option chosen by the customer.
If all the conditions described above are not met, the return will not be accepted and an email will be sent stating the reasons why it was not accepted. The customer has the option to request the re-shipment of the products not accepted for return and the shipping costs will be the customers responsibility.
Our products are subject to quality inspection. However, BEACH MODE adheres to, under the terms and conditions established in Decree-Law 67/2003, of April 8, with the amendments of Decree-Law 84/2008, of May 21, for any lack of conformity that exists at the time of delivery of the order and that is manifested within 2 years from delivery, provided it is communicated to BEACH MODE within a maximum period of 2 months from the date on which it was detected.
During the guarantee period, the defective product will be repaired free of charge or replaced by a similar style when it is not possible to repair it.
Therefore, if you consider that the product purchased has a production defect, the customer must contact us through the contact form, indicating the order number and presenting the corresponding invoice, explaining the defect and if possible sending photographs of the defective product.
Your e-mail will be analysed and we will confirm if it is a defect or something inherent in the manufacturing process:
- In case of a defect, we will replace the product without any additional cost, ie, the return and re-shipment costs will be borne by us. In this case the return will be made by our carrier and we will contact you to schedule the collection of the non-conforming item.
- If it is inherent in the manufacturing process, ie when the product has been sold with an express indication that it contained the defect in question, the product cannot be returned as defective. However, the customer still has to option available for 14 days from the date of receipt of the order to return the product, requesting an exchange for another product or a refund of the amount paid. In this case, de option defined in section 10.2) and 10.3) shall apply, and the cost of transport on return shipments shall be borne by the customer.
Material that is subject to breakage, deterioration, oxidation, loss, defects caused by shocks, improper use, improper maintenance and cleaning, neglect, improper handling, modifications, unauthorized repairs, accidents or normal wear and tear are excluded from warranty and also damages caused by the use of other products, either together with these or isolated.
Exchange for a different size
The photographs presented on the Website are merely illustrative. Therefore, BEACH MODE recommends that the customer consult the detailed description of the Product in order to obtain complete information about its characteristics.
Before selecting the size to order, you should review the "Sizing Guide" available on the website and check the measurements that best suit yours. This step prevents size exchanges and consequent delays in receiving and wearing your order.
However, in cases where the product purchased does not correspond to the appropriate size, the customer has the possibility to request a size exchange, being that the return shipping costs are borne by the customer, but the re-shipment costs of the new size are offered by Beach Mode. This possibility is independent of the Right of Resolution, which continues to exist, both from a legal point of view and from a contractual point of view. The advantage of this option is that the client does not incur any costs of re-sending the garment in a new size.
To request the exchange simply follow the steps indicated for returns, but fill out the Return Form by ticking the "Size Exchange" option and specify the new size.
The original item will have to be returned without any delay, and never after 14 days from the day of receipt of the original order.
Price and payment
The price of the products will be as stipulated on our website at a given time, except in the case of an obvious error. While we make all possible efforts to ensure that the prices posted on the website are correct, errors may occur. If we discover a price error we will inform the Customer and give you the option of confirming your order with the correct price or cancelling it. If the Customer cannot be contacted, we will treat the request as canceled and all amounts paid will be refunded in full
Prices on our website include VAT at the legal rate in force in Portugal. To these prices, you must add delivery expenses in accordance to final destination. Please see table on the website (Shipping & Returns)
Prices can be changed at anytime, any changes will not affect orders for which we have already sent an Order Confirmation for.
You can make the payment using various payment methods through Hipay and through PayPal. We emphasize that the data of the card used in the payment is processed exclusively by these entities. We do not keep any information related to payment cards.
By clicking "Finish", the customer confirms that he is the legitimate owner of the card used in the purchase.
Completion of the purchase and consequent "Order Confirmation" is only possible after payment through a valid payment method.
Alternative Dispute Resolution
To the conditions of sale presented the Portuguese law is applicable and this provision does not affect the other consumer rights recognized by the legislation in force.
We are at your disposal for any clarification or resolution of any problem related to the products supplied. In the event of a dispute relating to contractual obligations arising from purchase and sale agreements, in accordance with EU Regulation No. 524/2013, you may attempt to resolve any litigation in an extrajudicial manner by accessing the online electronic dispute resolution platform at http://ec.europa.eu/consumers/odr/.
You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of September 8, at the Consumer Portal, through the website www.consumidor.pt
You acknowledge and agree that all intellectual property rights, including but not limited to, copyright, trademark, trade secrets or any other material or content that is provided as part of the Website are, at all times, property of BEACH MODE or who has granted the license to use it. The customer may only use such material in the manner expressly authorized by us or by the person who has granted us the license to use it.
These Terms do not give the customer any rights to use any brands and / or logos belonging to BEACH MODE. The client will not copy, translate, disassemble or decompile, nor create or attempt to reverse-engineer or otherwise create the source code and / or object of the Website, and also refrain from removing any confidentiality or proprietary notices intellectual property appearing on the Website.
BEACH MODE warrants that, within their reasonable knowledge they do not infringe any third party intellectual property rights.
Viruses, piracy and other computer attacks
The customer shall not misuse this Website by intentionally introducing viruses, Trojan horses, spyware, malware, or any other technologically harmful or harmful material. The customer will not attempt to gain unauthorized access to this Website, to the server where this page is hosted or to any server, computer or database related to our Website. The customer undertakes not to attack the Website in any way, including through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause may imply the practice of several crimes foreseen and punished in the legislation of protection of personal data and in the law of cybercrime, which will be duly denounced to the competent authorities.
Links from our Website
If our Website contains links to other pages and third party material, these links are provided for information purposes only, without any control or responsibility of the content of those pages or materials, as well as their policies and / or practices. The establishment of links to other websites does not imply, in any case, the existence of relations between BEACH MODE and the owner or manager of the website to which the link refers. Therefore, we will not accept any responsibility for damages or losses due to its use.
The applicable law requires that some of the information or notices we send is in writing.
By using this Website, the client accepts that most of the communication exchanged with us electronic, and this form of communication satisfies the legal requirement that such notifications be made in writing.
This condition will not affect the rights recognized by law.
Notifications should preferably be sent via our contact form. In accordance with the provisions of Clause 16 above and unless otherwise indicated, we will send you notifications by email or to the postal address provided when placing your order.
The notifications shall be deemed to have been received and properly made the moment the customer enters our Website 24 hours after us sending an electronic mail. In order to prove that the notification has been made, it is sufficient that the email has been sent to the e-mail address specified by the recipient.
Grounds of Events Beyond our Control
We will not be liable for any breach or delay of any of the obligations assumed by us which are due to events beyond our control.
The concept of events beyond our control shall include any act, event, fault in the process, omission or accident that is beyond our control, including, but not limited to, the following:
- Strikes, or other forms of protest that significantly affect the country.
- Public order disruptions, revolution, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
- Impossibility to use private or public telecommunications systems.
- Impossibility of using rail, sea, air, road or other public or private transport means.
- Laws, decrees, regulations or restrictions of the Government.
Our obligations shall be deemed to be suspended during the period of Events Beyond our Control, and we shall be entitled to an extension of the time limit for fulfilling such obligations for a period equal to the duration of the said events
Change of terms of service by BEACH MODE
BEACH MODE has the right to change these Conditions at any time. The customer is subject to the principles and terms in force at the time of placing an order, unless the law or competent authority imposes any changes to these (and such changes apply to orders already made).
These Terms, including the Privacy and Cookie Policies, constitute the entire agreement between you and BEACH MODE regarding your use of the Website.
These Policies are an integral part of these Conditions, and cannot be separated from them.
BEACH MODE may, at any time, update, modify or replace any part of these Conditions and the Policies associated with them, announcing in a proper place such as the entrance page of the Website or via email these modifications, and it is still the customer's responsibility to verify this page periodically to be aware of any changes, prevailing the new version always on any previous version.
You acknowledge and agree that your access and continued use of the Website and associated services after any updates, modifications or substitutions to the Website Terms and Policies associated with them constitutes an acceptance and agreement with such updates, modifications or substitutions.
16 /11 , 2018. Mafra (PORTUGAL)