General terms and conditions of sale

Trade policy

1.1 The "seller" Nuno Miguel Pereira Correia (Profast Pool) has products for sale on the website profastpool.pt, and the “ecommerce” services are available exclusively to end users / “consumers”.

1.2 Throughout all points stipulated in the Terms and Conditions, whenever “Profast Pool” is mentioned, it refers to the individual entrepreneur Nuno Correia.

1.3 The “Consumer” means the individual who acts/purchases outside of his/her business or profession. If you are not a “consumer” we ask that you do not make purchases on the online sales website profastpool.pt.

1.4 Profast Pool reserves the right not to process orders received from users who are not “Consumers” or those that do not comply with the general sales conditions of the Seller Nuno Miguel Pereira Correia.

1.5 These general terms and conditions of sale exclusively regulate the offer, transmission and acceptance of orders placed on profastpool.pt between consumers of the Profast Pool online store (profastpool.pt) and the seller.

1.6 The "Consumer" must provide the "Seller" with an email address, or details relating to another form of contact, that are correct and complete and accepts that the "Seller" may contact him/her using these details, if deemed necessary.

How to order

2.1 To order from profastpool.pt, the user must have an email account and their browser must be configured to accept cookies and pop-ups, in order to benefit from all the browsing conditions of the Profast Pool online store.

Placing an order in the Profast Pool Online Store is easy:
Find the products you want to purchase;
Add the selected products to the Cart;
Complete the purchase;
Select the payment option;
Review your order;
Proceed with payment and confirm the order;
You will receive an order confirmation by email;

Your order is confirmed when you select the “Confirm Payment" (Checkout) button at the end of the purchase process.
When Profast Pool receives your order, a message will appear on the screen with your order number and all the details of the order. The purchase agreement is finalized at that moment.

An order confirmation will be sent to your email address. We suggest you print or download a copy of this for future reference.

We reserve the right not to accept your order, or to cancel it even after automatic confirmation.

By submitting the order form you are accepting the general purchase conditions, as well as other conditions existing on profastpool.pt, through links, including the general conditions and terms of use.

The seller may not process orders that do not have sufficient guarantee of good collection; when orders are incomplete or incorrect, or the products ordered are no longer available. In such cases, we will inform you by email that the sales contract has not been concluded and that the seller has not proceeded with the sale, specifying the reasons for this.

If the products presented in the online store (profastpool.pt) are no longer available at the time of your last access or when the seller receives the order, the seller must inform you of their unavailability within 30 days after receiving the order.
If an order has been placed and payment has been made for products that are no longer available, the seller will refund the money paid for the unavailable items.

2.2 Right not to accept the order or cancel the purchase

Profast Pool reserves the right to refuse any order for any reason. We also reserve the right to cancel any purchase (even if it has already been accepted by us), (among others) in the following situations, exempt from liability for any damages or costs:
The product is no longer available/in stock (payments will be refunded);
Billing information is not correct or verifiable;
The order is flagged by our Security Systems as an incorrect order or an order susceptible to fraud;
The transfer for payment of the order was not received by us within a period of 5 days after acceptance of your order;
If we believe you are under 16 years old;
If we find that you are a reseller;
Unable to deliver to the address provided.

2.3 Data verification

After receiving the order, we can carry out some checks on it before preparing it.

These checks may include address verification, creditworthiness verification and fraud checks. In relation to fraud checks, we perform partially automated checks on all orders to filter out unusual, suspicious or identified fraud-prone transactions. Suspected fraud will be investigated and, if necessary, prosecuted. By confirming your order, you signify your agreement to these conditions.

Guarantees and Indication of the Product Price

3.1 Payment Methods

You can find the available payment methods in the footer of the website, as well as on the checkout page of your order. We do not accept any other payment methods other than those mentioned. Please do not attempt to pay by any other means than those specified. If you do so, we cannot be held responsible for loss of payment or any other damages that may arise.

3.2 Payment processing

If you pay by Credit Card, we will deduct the amount due from your account as soon as your order leaves our premises. In the case of payment by Credit Card, all details (e.g. card number or expiry date) will be sent via encrypted protocol to the company providing the remote electronic payment services, without third parties being able to access the information transmitted.

This information will not be used by Profast Pool except to carry out the necessary procedures for the purchase or refund, in the case of a return, in accordance with the exercise of the right of return or to communicate cases of fraud to the police.

The purchase price of the products and the shipping costs, as indicated on the order form, will be charged to the current account when the purchased products are actually shipped.

Order security

4.1 The profastpool.pt store uses one of the most robust security technologies among the encryption platforms available.

Your payment information will be encrypted from the moment you enter it until your transaction is processed and will not be stored on a public server. Although we use encryption software, the security of information and payments transmitted over the Internet or via email cannot be guaranteed.

Profast Pool shall not be liable for any damage suffered as a result of the use of electronic means of communication including, but not limited to, damage resulting from failures or delays in the delivery of electronic communications, interceptions or manipulations of electronic communications by third parties or by computer programs used for communications or virus transmissions.

If you choose to pay by Multibanco Reference, we will start processing the order once we have received payment. This may take several days. Once 3 calendar days have passed since the order was placed, and if we have not received any payment, Profast Pool reserves the right to cancel the order.

Payments can only be processed if the information to be used for billing can be verified.

Reservation of title

Profast Pool retains ownership of the Company's products until it has received full payment for all such products.

Prices

6.1 The prices of the products displayed on the website include Value Added Tax (VAT). Shipping charges are applied per order. The exact price of the shipping charge will depend on the country where your order will be delivered. For additional information on shipping charges by country, please see the shipping section of the website.

6.2 Prices are all quoted in Euros. Please note that changing the delivery country may have an impact on prices due to shipping costs.

6.3 Your total price
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 use. Please pay only the exact amount specified in the order confirmation and make individual payments per order.

6.4 Price changes
The prices of products displayed on the website are subject to change. Profast Pool reserves the right to change prices without prior notice. The prices displayed at the time of purchase are the prices applied to that purchase.

6.5 Pricing errors
Please note that although the website is updated with extreme care, it is possible that the price information on the website may contain errors. Profast Pool is not committed to the offer and reserves the right to cancel your order in the event of such an error.

Quality and guarantee

Profast Pool does not sell defective products or products of inferior quality to those currently on the market. The main features and specifications of each product shown on profastpool.pt can be found on each respective product page.

The products offered for sale on profastpool.pt may not exactly correspond to the real appearance in terms of image and colors, due to the Internet browser and monitor used.

Shipping and delivery

8.1 Delivery: where and when
We deliver products from Monday to Friday between 9am and 6pm. We do not ship on certain public holidays. We can only deliver an order if the delivery address is a home or office located in one of the countries listed in the country list available at checkout.

In order to receive the order, it is necessary to ensure that someone is at the address. This service does not include the option of scheduling or booking, so the delivery of the order will be made without prior contact by the carrier. We do not guarantee this deadline during promotional periods, sales, Christmas, epidemic periods or in the event of stock shortages.
A delivery is considered to have been made or a product is considered to have been delivered upon signature of the delivery receipt at the agreed address.

8.2 Delivery Times
If you confirm your order on a business day before 12:00 and pay by Credit Card or via Paypal, your order will be sent the following business day (weekends and holidays are not considered business days), with a delivery time of 24 to 48 hours from the moment the order is dispatched.

These deadlines are valid for products that are in stock and with delivery times between 24 and 48 hours, information that is reflected at checkout.

If you choose to pay by Multibanco reference, shipping is less efficient, as we will only ship after we receive payment. This may take between 5 and 7 days.

Profast Pool shall not be liable for any failure to perform, or delay in performing, any obligation which is due to a force majeure event, that is, an event, act or omission beyond its reasonable control (Force Majeure Event - which includes any event, act or omission beyond the reasonable control of Profast Pool).

We will try to deliver within the estimated time frame, to the extent that this is commercially reasonable. We normally do this, however, we cannot guarantee timely delivery.

8.3 Partial Deliveries
Whenever possible, we will try to deliver everything in one shipment. However, we reserve the right to split the delivery of the order, for example (but not limited to) if part of the order is delayed or unavailable. In the event that we split the order, the customer will be notified by email of our intention to do so. For this purpose, the email address provided by the customer at the time of purchase will be used.

8.4 Inspection upon delivery
Upon delivery, the customer must inspect the packaging for any damage. If the products are found to be damaged, the customer must not accept delivery of the order, which will be returned. Profast Pool will refund the amounts paid for the order and shipping as soon as the warehouse receives and completes the return process.

Any complaint regarding non-receipt of an order must be made within a maximum period of 30 days from the date of placing the order. After this period, Profast Pool cannot be held responsible for the loss of the order.

Shipping rates

9.1 Shipping rates are applied per order. The exact price of each shipment depends on the country of delivery. For more details on the shipping price per country, please refer to the Delivery menu on the website.

9.2 Free shipping
If the customer places an order whose value exceeds the minimum order value defined for their country or campaign, shipping will be done at no cost, i.e. free of charge.

Returns

10.1 Cancellation of order before shipping
The customer may cancel the order, as long as it has not yet been shipped. If the customer places an order and wishes to cancel it, they must contact our Customer Service and request the cancellation of their order, via the email address geral@profastpool.pt.
If the cancellation request is successful, the customer will be notified by email of this decision and the cancellation will be processed at no cost to the customer. If the cancellation request is not possible, the products will be sent to the customer who, if they still intend to cancel the order, must refuse to receive them. The products will be returned and, upon receipt, the refund will be processed.

10.2 Return of defective products
The customer has the right to return the delivered products if they are found to be defective or otherwise non-conform to the products ordered. The return can be made within 14 days of receipt of the order. This does not affect your statutory rights. If your complaint is justified, the price and shipping costs will be refunded.

10.3 Return of products due to withdrawal
If for any reason you are not satisfied with the products you have ordered, you may return them within 14 calendar days of receipt, provided that:
The products have not been used;
The product maintains its original characteristics and the packaging is not damaged (carefully opened packaging will not be considered damaged);
Cannot return:
Products that have been tampered with or that contain signs of use.

10.4 Return of offers
It is currently not possible for a person who has received a product as a gift from another person to return it. In this case, to return it, you must contact the person who purchased it, so that they can return it in accordance with the Return Conditions.

10.5 Exchange of products or sizes

To exchange an item for another or to change sizes, please follow the steps under Returns.

10.6 Return information
If the customer wishes to return the items, he/she will have to bear the shipping and return costs for all orders.
Refunds will be made based on the payment method. If the customer pays by ATM reference, the customer must provide their bank details to our Customer Support team when initiating the return process. This information is necessary so that we can proceed with the refund to your account. The customer will receive the refund once the product(s) have been returned and processed.

Customer Support

11.1 For additional information, you can contact the seller via email at geral@profastpool.pt or you can also do so by telephone on the following number 00351968685485.

Conditions applicable to Promotional Codes (discounts)

12.1 When used in accordance with the established rules, a promotional code entitles the user to benefit from a promotion/discount related to the purchase of a specific product or set of products, during the period indicated/associated with the promotional code/promotional campaign.

12.2 Promotional codes can only be used for online purchases made on the website. The sale, exchange or donation of a promotional code is not permitted. The customer holding 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.

12.3 The promotional code is connected with the Profast Pool brand. The use of the promotional code in connection with another brand, company or name is not permitted. The use of the promotional code in an illegal, abusive or disrespectful manner, as well as in any other way that may harm the reputation of Profast Pool, is also not permitted.

12.4 The use of the promotional code is subject to one use per product and per order. Promotional codes cannot be combined with any other promotions or special offers.

12.5 Promotional codes are not exchangeable/redeemable for cash.

12.6 Profast Pool is under no obligation to reissue or refund promotional codes. However, in the event that Profast Pool decides to reissue or refund a promotional code, it will need to have access to the initial promotional code. To do so, it is necessary that you keep a copy of your promotional code, as otherwise it cannot be reissued or replaced if lost.

12.7 In cases where Profast Pool reissues/refunds the promotional code, the discount of that amount can only be applied to a purchase of equal or greater value than the purchase in which the discount/promotional code was issued.

12.8 Without prejudice to any other rights, Profast Pool may have/has the right to immediately invalidate the promotional code, if Profast Pool has reason to suspect that a promotional code is being used: in violation of the above-mentioned assumptions, by usurpation or in other cases where Profast Pool has reasons to do so.

Availability

All orders placed on the website are subject to availability. Profast Pool attempts to ensure that all items offered for sale on the website are in stock. However, Profast Pool reserves the right not to accept any orders or to cancel orders already confirmed for products that are no longer in stock. In such cases, Profast Pool will inform the customer of this fact and will refund the amount paid.

Promotion validity

Offers on the website are valid only for the time they are displayed on the website, unless otherwise stated on the website. Profast Pool is not bound by any offer if there are errors or mistakes in spelling, pricing or other information on the website. Profast Pool reserves the right to cancel any purchase and sale concluded under such errors.

Responsibility

15.1 Profast Pool shall only be liable for damages suffered by the customer in the event that such damages result from attributable breaches of Profast Pool's contractual obligations towards the customer, or in the event that Profast Pool's liability results from applicable statutory law.

15.2 If the customer has suffered damages related to the activity of the website, Profast Pool's liability will be limited to:
Damage to Profast Pool products or other materials;
Reasonable and verifiable costs incurred by the customer to find the cause and the amount of compensation attributable to the damage;
The maximum reimbursement of the above compensation will be (if applicable) the price of the products in question.

15.3 Profast Pool shall not be liable for any damage suffered by third parties resulting from the use of any of our products. Profast Pool shall not be liable for any damage suffered by the customer as a result of improper use of our products.

15.4 Profast Pool is not responsible for any damages resulting from incorrect information on the website.

15.5 In the event that the customer suffers damages resulting from gross negligence or willful misconduct on the part of Profast Pool, none of the limitations set out in this article shall apply.

Applicable law

These general conditions and all disputes arising in relation to these general conditions, including their validity, the use of the website or any purchase made on it, shall be governed by Portuguese law.

Change of Terms & Conditions

Profast Pool has the right to change these Terms & Conditions at any time. The customer is subject to the principles and terms in force at the date of his/her order, unless the law or competent authority imposes any change to them.

Information on the website

Although Profast Pool works on its website with great care, the information, texts, graphic documents, films, music and/or other services may contain errors or be incomplete or incorrect.

Profast Pool shall not be liable for any damages resulting from the use (or inability to use) of the website, including damages caused by viruses or any inaccuracy or imperfection of the information, unless such damage is the result of intent or negligence on the part of Profast Pool.

Website Trademarks and Copyrights

All brand names, product names and titles used on the website are trademarks or registered trademarks of Profast Pool or trademarks and registered trademarks of other holders.

The user/client of the website is not authorized to use or reproduce any of these registered trademarks or registered names as this constitutes a violation of the rights of the holders.

Everything concerning the design, texts, documents, films, music and/or other services of the website, the selection and organization thereof, as well as the entire compilation of software (including applets) and all other materials on the website are the property of Profast Pool and its suppliers.

Users/customers are only permitted to electronically copy and print portions of the website if this is necessary to place an order on the website or to use the website as a source for purchasing.

The user/client is not authorized to make any other use of the website or the information and materials contained therein, including reproduction for purposes other than those mentioned above, modification, distribution or republication.

Alternative dispute resolution

Alternative dispute resolution is the possibility that all consumers have at their disposal to resort to official entities that help them resolve or provide guidance in a dispute. The Online Dispute Resolution website is an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes outside the courts:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Customers who are defined as consumers by Law 144/2015 and who have entered into sales and purchase and/or service provision contracts have the right to resort to official entities that can help them resolve any dispute relating to such contracts, without prejudice to their right to resort to the Courts. The updated list of Alternative Dispute Resolution entities available under the terms of article 17 of Law no. 144/2015, of 8 September, is listed on the Consumer Portal, accessible through the websitewww.consumidor.pt . For further information, you can also consult Law 144/2015. We also inform you that, to resolve disputes arising from online purchases, you can resort to a resolution system, called the “ODR Platform - Online Dispute Resolution / RLL”, created by the EU.

In any case, you can contact one of the centers listed below.

Entities for Alternative Dispute Resolution

CNIACC – National Center for Information and Arbitration of Consumer Conflicts

http://www.arbitragemdeconsumo.org

CIMAAL - Algarve Consumer Conflict Information, Mediation and Arbitration Centre

https://www.consumidoronline.pt/pt/

Consumer Conflict Arbitration Center of the District of Coimbra

http://www.centrodearbitragemdecoimbra.com

Lisbon Consumer Conflict Arbitration Center

http://www.centroarbitragemlisboa.pt

Porto Consumer Information and Arbitration Center

http://www.cicap.pt/