Terms and Conditions
Object and Application
This document sets out the conditions governing the purchase of products on BeSurf (also referred to as “We”). These general conditions regulate all the steps necessary to place an order on BeSurf at https://besurf.pt and apply to sales to final consumers (referred to as “Customer”), as defined in paragraph c) of art. 3 of Decree-Law no. 24/2014, of 14 February.
These General Conditions of Sale may be changed without prior notice. We therefore recommend that you consult this page whenever you want to make a purchase at BeSurf.
Seller Information
BeSurf, accessible at besurf.pt, is operated by individual businesswoman Beatriz Cortez, with NIF 202589838, with a professional address at Urbanização Arneiro Gregório, 54 – Vila Nova de Milfontes – 7645-223 Vila Nova Milfontes, which operates in the market with the name BeSurf.
If you have any questions about BeSurf or our products, the Customer can contact us via email info@besurf.pt or telephone +351 966 700 008.
Customer Account
Creating a customer account is optional and allows you to register your shipping and billing details for use in future purchases. The Customer can create his account from the “My Account” page or from the links available when ordering the products.
Access as a registered customer is done by entering your email and the password you chose when you registered. In his personal area, the Customer may consult and change his personal invoicing and delivery data, for use in future orders.
The personal data provided will be treated in accordance with our Privacy Policy (place a link).
How to buy
To buy a product on BeSurf, the Customer must add the desired item to the shopping cart, choosing the desired quantity and clicking on the “Add” button.
When you want to place an order, you must access the shopping cart by clicking on the respective icon and check if the products available in the cart are the ones you actually want to buy. This page will then show the image of the items, their designation, quantity, unit price and the total price of the order in euros, with taxes included, but still without delivery costs, which will be added on the next page.
Through the “Checkout” button, the Customer will access the page where he can fill in the forms with his personal information and his options regarding delivery, invoicing and payment method. At this point, you can use this data to create your customer account, if you wish to do so.
If you have already created the account before, the Customer will be able to log in via the link “Click here to log in”, which will have the effect of filling in the fields of the billing and shipping details with the information registered in their account. In this case, you must verify that your personal information is correct and up-to-date, being able to change or correct the data presented.
At that time you can also enter the discount coupon, if you have one.
Before finalizing the order, the Customer must also confirm that he accepts these General Sales Conditions by ticking the corresponding box at the end of the form.
Once you have verified that the information is all correct, the Customer can complete the purchase by clicking on the “Order and Pay” button.
If you notice an error in your order or in the data you have entered after making the payment, the Customer should contact our customer service via the email info@besurf.pt.
Payment and Order Validation
Payment will be made at the end of the purchase process and will be an essential condition for the formalization of the order.
BeSurf accepts payments by PayPal and credit cards (via PayPal) and Ifthenpay. These payments will be processed securely by the payment management entities.
It is also possible to pay by bank transfer to the IBAN indicated at the end of the order. When choosing this form of payment, the Customer must indicate the order number in the transfer description field and, whenever possible, send proof of the operation to the email info@besurf.pt. The order will only be processed when the amount is credited to BeSurf’s bank account.
After confirming the order and making the payment, BeSurf will send you an email with the order details. If you do not receive this message within 24 hours for orders placed on working days, or 72 hours for orders placed on weekends or holidays, we recommend that you contact our customer service via the email info@besurf. pt to check if there was a problem with communications or an error in the email you provided to us.
In this message, BeSurf confirms the receipt of the order and informs about the expected date of dispatch of the product.
The purchase invoice will be issued after payment confirmation and will be sent with the order. If the Customer wishes to receive it by email, he can request it in the “Order Notes” field on the order form.
Delivery
BeSurf makes deliveries in mainland Portugal and islands.
The Customer may choose one of the following delivery methods:
Hand delivery by BeSurf – The Customer may choose to have delivery by hand made by BeSurf in the areas of Vila Nova de Milfontes and Lisbon, taking into account our availability and it may take between 2 to 5 business days,
Shipping by CTT Normal Registered Mail – This delivery method applies to all orders. The order will be delivered by CTT to the address indicated by the Customer, on working days, between 9:00 am and 6:00 pm (local time), and a person must be present who can receive it and sign the proof of delivery.
The delivery of the order in BeSurf hands is free. Delivery by CTT to the chosen address at a fixed cost of €5.00
CTT delivery methods allow you to ship to physical addresses and PO Boxes.
In the event that CTT is unable to deliver, as no one is at the address to receive it, a notice will be left in the Customer’s mailbox, indicating the dates, times and the post office where you can collect your order.
If the Customer does not pick up the order within the period indicated in the notice, it is returned to BeSurf, which will reimburse the Customer for the amount paid, less delivery costs. If the Customer wants the order to be resent, paying the shipping costs again, he must contact BeSurf via the email info@besurf.pt.
We recommend that you carefully check that the data relating to the delivery address of the order are correct and complete. BeSurf will not assume any responsibility for any delay or impossibility of delivering the order, if these data are wrong or incomplete.
If all ordered items are available, delivery times are, on average, as follows, starting from the date the order is processed:
Delivery to BeSurf facilities – 1 to 5 working days
Delivery by CTT in mainland Portugal – 1 to 3 business days
Delivery by CTT in Madeira and Azores Islands – 10 to 15 working days
These deadlines are indicative. The maximum period will not exceed, in any case, 30 working days from the date of sending the confirmation message.
Despite BeSurf’s efforts to deliver orders on time, delays may occur due to unforeseen circumstances and problems in the delivery area or, in the case of the Islands, irregularities in connections.
If BeSurf cannot meet the delivery date for reasons beyond its responsibility, it will inform the Customer of this circumstance, giving them the choice between the option of keeping their order with a new delivery date or canceling the order with a full refund. of the amount paid, without prejudice to all other rights that you may have under the terms of the applicable legislation.
The delivery of the order is considered carried out at the time of signature of proof of receipt of the products at the agreed delivery address.
If you receive a wrong product due to a fault attributable to BeSurf, you must inform BeSurf via the email info@besurf.pt to request the collection of the item to be returned and schedule the delivery of the correct product.
Prices
Prices advertised on BeSurf are shown in Euros and include all fees and taxes.
The shipping costs indicated in point 5 are added to the account when the Customer selects the delivery method “Shipping by carrier” and
and fill in the delivery address. If the “BeSurf Hand Delivery” method is chosen, shipping costs will not be charged.
The prices and specifications of the products presented on BeSurf are subject to change without notice. These changes will only apply to orders placed after the publication of the new prices and specifications, and will not be extended to orders that the Customer has already completed.
BeSurf makes every effort to verify that all prices, images, product descriptions and respective characteristics presented on the site are correct.
Because the possibility of error cannot be completely ruled out, prices are rechecked during the order processing process. When a price divergence is identified, BeSurf will proceed as follows:
If the actual price is lower than the price advertised on the site and paid, BeSurf refunds the difference to the Customer;
If the actual price is higher than the advertised and paid price, the Customer will be informed of this occurrence, and it will be proposed to pay the difference between the two values or cancel the order and receive a refund of the amounts already paid. If you do not communicate your preference within 8 days, the order will be cancelled.
BeSurf is not obliged to supply a product that has a wrong price, even after an order confirmation email has been sent, if the error in the price is obvious and unambiguous and if it could have been recognized by the Customer, so reasonable, as being an incorrect price.
Right of Free Resolution
In accordance with Portuguese legislation, the Customer has the right to terminate the contract of sale entered into, without giving any reason, within 14 days from the day following the day on which the order is received.
This right cannot be exercised when the purchased items are produced according to the Customer’s specifications or are customized at his/her request, for example with fabrics, materials or decorative elements different from those presented on BeSurf, or in the case of books, with the inscription of dedications, stamps or autographs.
If you want to exercise this right, the Client must inform BeSurf of his decision to terminate the contract within 14 days, via the email info@besurf.pt or by letter sent to BeSurf headquarters, indicating the product reference. and the invoice number. If the Customer communicates his decision by e-mail, he will be sent, also by e-mail and without delay, a notice confirming receipt of the request for resolution.
The item to be returned must be sent, with a copy of the invoice, to BeSurf, at the following address:
BeSurf Shop & School
Urbanization Arneiro Gregório 54
7645-223 Vila Nova Milfontes
Portugal
The return of the product to BeSurf is done at the Customer’s risk, which means that he will have to choose the transport he considers most appropriate and bear the respective costs.
The “free return” offer is valid for orders paid by Paypal and for customers who have activated the service in their Paypal account at the following address: https://www.paypal.com/gb/webapps/mpp/refunded-returns
Paypal will refund the cost of returns in accordance with the terms and conditions of the Paypal return refund service.
For orders not paid for by Paypal or for customers who have not activated the service in their PayPal account, the return costs will be borne by the customer.
In case of return of a product due to an error by BeSurf, the cost of the return will be borne by BeSurf.
Customized products such as surfboards must be paid for at the time of ordering and can only be returned in the event of a manufacturing defect or non-compliance.
The returned item must be in perfect condition, complete, with no signs of use.
If the Customer terminates the contract under the terms indicated above, BeSurf will refund the amount paid for the purchased product, within 14 days from the date on which it is informed of the decision to terminate the contract.
Refunds will be made using the same payment method that the Customer used for the original transaction. However, this amount will be withheld until the product is received and verified by BeSurf’s technical services.
If the product is not in the conditions indicated above, it will be sent back to the Customer’s address, accompanied by a copy of the evaluation carried out by our technicians and, in this case, the amounts paid will not be refunded.
Warranty and Technical Assistance
Products purchased at BeSurf are guaranteed for 1 year, starting from the date of delivery of the product.
At BeSurf we try to present the products as faithfully as possible, but we cannot guarantee that your device’s monitor will display a completely accurate color in relation to the images presented in the Online Store.
The product warranty does not cover defects that result from normal wear and tear caused by use, misuse of the products, non-compliance with recommended care or any other external cause.
To exercise this right, the Customer must notify BeSurf of the lack of conformity of the product within fifteen days from the date on which it was detected, by e-mail to info@besurf.pt. This communication must include a description of the problem and be accompanied by a copy of the purchase invoice.
If the product is defective, you can choose one of the following solutions: repair, if possible, replacement, if the part is still available in BeSurf’s stock, appropriate price reduction or termination of the contract, whichever is more reasonable, within the limits imposed by good faith, good customs or the social or economic purpose of that right.
BeSurf undertakes to carry out the repair, replacement or refund, in whole or in part, within a maximum legal period of 30 days after receiving the product at its headquarters.
Questions and Complaints
If you have any questions or complaints, the Customer may contact BeSurf via the email address info@besurf.pt or by phone + 351 966 700 008.
BeSurf has an Electronic Complaints Book, accessible at https://www.livroreclamacoes.pt/inicio
Civil responsability
BeSurf is not responsible for any damages, direct or indirect, of the Customer or third parties, resulting from the use of the products sold.
Applicable Law and Competent Jurisdiction
The contracts concluded by BeSurf under the terms of these General Sales Conditions are governed and must be interpreted in accordance with Portuguese legislation. For the resolution of any dispute arising from the interpretation or performance of this contract, the Portuguese Courts will be exclusively competent.
In the event of a consumer dispute, the consumer Customer may use the European Online Dispute Resolution Platform, available at http://ec.europa.eu/consumers/odr or the following alternative consumer dispute resolution entities:
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
CACRC – Centro de Arbitragem de Conflitos de Consumo da Região de Coimbra
CACCL – Centro de Arbitragem de Conflitos de Consumo de Lisboa
CAUAL – Centro de Arbitragem da Universidade Autónoma de Lisboa
CACC RAM – Centro de Arbitragem de Conflitos de Consumo da Madeira
CICAP – Centro de Informação de Consumo e Arbitragem do Porto
TRIAVE – Centro de Arbitragem de Conflitos de Consumo do Ave/Tâmega e Sousa/Tribunal Arbitral
CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo)
CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve