Terms & Conditions
This document governs the terms and conditions of the use of this website and the agreement between us (Onda Wetsuits / Trader/ we / our) and You (the user). These terms and conditions contain the rights and obligations of all users and of Onda Wetsuits regarding the goods/services offered on this website or on any other website to which there is a hyperlink (Onda Wetsuits services).
Before pressing the "CONFIRM ORDER" button at the end of the order operation, you should read these terms and conditions carefully. If you do not agree to these terms and conditions in full, you should not place any order.
If you have any doubts about these terms and conditions, please contact us using our Web page through the electronic form.
CMD – Comercialização de Marcas Desportivas, SA which trades under the Onda Wetsuits trademark is a Portuguese company, registered at the Conservatória do Registo Comercial de Vila do Conde under number nº 504128957 with head offices in Parque Industrial de Tamel de São Veríssimo, lot 32 – 4750-734 Barcelos (Tamel São Veríssimo), Portugal. Our tax identification number is PT nº 504128957.
These terms and conditions are the only conditions that apply to the use of this website and prevail over any other conditions, except in the case of the express agreement of the Trader given previously in writing. These terms and conditions are important for both parties since they protect the user's rights as a customer and our rights as the Trader and aim to establish a legal agreement that binds the parties in a valid manner.
By placing an order, the user confirms that they have read these terms and conditions and that they accept them without any reservations. The user accepts that:
- They can only use this website for legitimate consultation or orders.
- They will not place any speculative, false or fraudulent orders. If we have reason to believe that a certain order is of this nature, we reserve the right to cancel it and inform the proper authorities.
- They must give an email address, postal address, or the details of another form of contact that are correct and complete and accept that the Trader can contact them using these details if necessary.
- If they do not provide the Trader with all the information it considers necessary, it may not be able to conclude the order and/or ensure a quality service.
By placing an order through this website, the user declares that they are of legal age and have the legal capacity to enter into contracts.
The information in these terms and conditions is not a sales proposal but a simple invitation to negotiation. No agreement regarding the products mentioned will be established between the Trader and the user without the Trader having accepted the order (regardless of whether the user's account has been debited or not). If the order is not accepted after any user account has been debited, the respective amount shall be returned in full.
In order to place an order, you must follow the online purchase process and press the "CONFIRM ORDER" button.
Then you get an email confirming that the Trader received your order (the "Confirmation of Order"). You should note that this does not mean that your order has been accepted. The order is just a purchase proposal for one or more of our products.
Any order is subject to the respective acceptance by the Trader, which is always confirmed by sending an email saying the products have been shipped - Shipping Confirmation.
The purchase and sale agreement between the Trader and the user (Contract) is only finalised with the Shipping Confirmation communication. The Contract only covers the products mentioned in the Shipping Confirmation. The Trader is under no obligation to supply any other products that may be contained in the order until the shipping is covered in another Shipping Confirmation.
Onda Wetsuits sends orders within the deadline mentioned when you choose the delivery method. The transporters we have agreements with, make their deliveries Monday to Friday between 8:00 and 19:00 at the address you request.
In some countries, the delivery period can vary between 5 and 7 business days.
Follow your order
When your order is shipped, you get a code in your email so you can locate it on the transporter's site or you can access your customer area by clicking on the "FOLLOW ORDERS" option. If you have any difficulty in locating your order, please contact us by email firstname.lastname@example.org Click here to follow your order.
Difficulties in delivering an order
If the transporter cannot deliver an order, they try again the next day or get in touch with you to schedule a new delivery
The Trader is not liable towards the user or any third party for the removal of any product shown on this website, for the alteration or elimination of any materials or contents on this website or for any refusal to conclude the processing or acceptance of any order that has had the Order Confirmation sent.
A user who contracts as a consumer can freely cancel the Contract within 14 days as of the date the products are delivered. In this case, the user is fully refunded the amount paid for the products in accordance with the Return Conditions (see clause 12 below).
Please see how to return products in the Return Conditions. The right to cancel the Contract requires that the products are returned in the same state as the user received them. They must return the goods with all the instructions, documents and packaging materials. Any damaged product, that is not in the same conditions as it was received by the user, or that has signs that it has been used other than just by opening the package, will not be refunded.
Please take care handling the product(s) when they are in your possession and keep all the original boxes, instructions, documents and other packaging materials for later return and collection of the products.
More detailed information about the right to cancel the contract and the explanations regarding how to do so are covered in clause 12 of these Terms and Conditions. This provision does not prejudice any legal rights.
If they are available (see clause 4 above), the Trader makes every effort to ensure that, except in exceptional circumstances, the products on the Shipping Confirmation are delivered to the user within the announced time or, if there are no indications about it, within 15 days of the Date of the Order Confirmation.
Delays may be caused by:
- Specialised products;
- Unforeseen circumstances;
- Delivery area;
- Wrong or incomplete delivery address.
If, for any reason, the Trader cannot deliver on the foreseen date, the user can decide whether to keep the order, despite the delay, or cancel the order and get a full refund. The user should take into account that in either case, the Trader does not deliver on Saturdays or Sundays.
For the purpose of these Terms and Conditions, a "delivery" is considered to have been made or a product is considered to have been "delivered" with the signature of the delivery receipt at the agreed address.
Alternatively, if you live in a country not listed here, but would still like to make an online order from us, please feel free to reach out to us through our contact form so that we can analyze the specific situation.
If delivery is not made after 1 attempt, the second attempt may incur costs to Customer. For more information on these situations contact Customer Service.
The Products will be at your risk from the time of delivery. Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever is the later.
We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by You as such.
The prices displayed on our website include VAT (where applicable) but exclude delivery costs, which will be added to the total amount due.
We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice. Other than as set in this Clause, changes will not affect orders in respect of which we have already sent an Order Confirmation.
Once You have finished shopping all the items You wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this click the VIEW BASKET button at the top of the page.
- Click the GO TO CHECKOUT button.
- Fill in or check your contact details, your order details, invoicing address, delivery address, transport charges and payment method.
- Click CONFIRM ORDER button.
- Proceed with Payment.
Payment can be made by Visa, MasterCard, American Express and Discover cards, by using a PayPal account, by using Multibanco, Boleto Bancário, Pay Shop. We use PayPal Business services and HI-MEDIA PORTE MONNAIE ÉLECTRONIQUE SA to deal with all our credit card and PayPal payments. For further information or to know PayPal or HI Media policies please see https://www.paypal.com and https://www.hipay.com/ Authority for payment must be given at the time the order is made. By paying You are confirming that the Card or the account is yours. The amount authorized by You will be charged in this moment.>
Cards are subject to validation checks and authorization by your Card issuer. If the required authorization is not received, we will not be liable for any delay or non- delivery.
The credit cards are subject to a check of the validation and authorisation by the issuers, but if the card issuer does not authorise the payment, the Trader is not liable for any delay or lack of delivery and cannot enter into a Contract with the user.
Pursuant to the prevailing rules and regulations in force, purchases done through the web site are, where applicable, subject to the Value Added Tax (VAT).
Presented prices for final consumer, be it an individual or a company registered, include where applicable the Value Added Tax (VAT).
General rule for returns
If a user wants to return a product they should complete the proper form in the "MY ACCOUNT" area, "ORDER RETURNS" option.
The user must return the product in the same packaging as used in the first delivery. The user should send all the boxes, instructions/documents and original packaging materials with the product to be returned whenever possible. The Trader inspects the returned product. Any product that has been damaged, that is not in the same conditions as the user received it or shows signs of being used apart from just opening the package, does not allow for the right of cancellation and refund.
The return is free in mainland Portugal, in the case of the Islands, the User is liable for the shipping costs associated with the return (return expenses).
Return of defective products
If a user believes a product they have been sent is not in accordance with the Contract, they should contact the Trader using the electronic form as quickly as possible, saying the state of the product and the respective defects.
The Trader shall inspect the returned product and inform the user of the right to a replacement or a refund (if that is the case) by email in a reasonable period of time. Generally, the Trader makes the refund or replacement as soon as possible and, in any case, within 14 days of the confirmation by email that the user has the right to the refund or replacement of the defective product. Products that the user returns because of a defect, if this is confirmed, are refunded for the total amount paid, including shipping fees and return expenses. The refund of any amount paid is always by the same method as used in the purchase of the product.
The refund is paid as soon as possible, on average 2 business days after receiving the returned items at our warehouse (in any case, within 14 days of the date of the return notification). The refund of any amount paid is always by the same method as used in the purchase of the product, except for orders paid by MB reference, in which case the amount is refunded by bank transfer.
These provisions do not prejudice any of the user's rights under the law.
We respect your privacy. Any and all information collected on this site will be kept strictly confidential and will not be sold, disclosed to third parties or reused without your permission. Any information you give to us will be held with care and will be used solely for the purpose of filling your online order.
Our liability in connection with any Product purchased through our web site is strictly limited to the purchase price of that Product.
Nothing in these Terms shall exclude or limit in any way our liability:
For death or personal injury caused by your negligence;
For fraud or fraudulent misrepresentation;
For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:
- Loss of business;
- loss of revenue or income;
- loss of earnings or contracts;
- lost profit;
- loss of data;
- loss of management time and hours of activity.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent You using this website to the extent necessary to make a copy of any order or Contract details.
Applicable laws require that some of the information or communications we send to You should be in writing. When using our site, You accept that communication with us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by You to us should be given to us via our web form. Subject to and as otherwise specified in clause 16 above, we may give notice to You at either the e-mail or postal address You provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
The Contract between You and us is binding on You and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
A Force Majeur event covers any event, act or omission outside the Trader's reasonable control, including, but not exclusively), the following:
- Strikes, lock-outs or other industrial action.
- Civil uprisings, turmoil, invasion, terrorist attack, or threat of terrorist attack, war (declared or otherwise) or the threat of preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
- Impossibility of the use of public or private telecommunications networks.
- Tacts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the provisions of the paragraph on Notices above.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.
Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms.
Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.
We have the right to revise and amend these Terms from time to time. You will be subject to the policies, Terms in force at the time that You order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You).
Contracts for the purchase of products through our site will be governed by Portuguese law. Any dispute arising from, or related to, such Contracts shall be subject to the non- exclusive jurisdiction of the Portuguese courts. If You are contracting as a consumer, nothing in this clause will affect your statutory rights as such.
We welcome your comments and feedback. Please send all feedback and comments to us via our web form.
The purchase and sale contracts of products through this site are governed by Portuguese law. Any litigation arising or related to these Contracts are subject to the non-exclusive jurisdiction of Portuguese courts.
The provision in this clause does not prevail over any the user's legal rights as a consumer.