General Terms and Conditions
- For any business relationship between Extreme Memory, Lda (with address: Rua Frei Francisco Foreiro, 3, 1ºAndar, 1150-166 Lisboa, and contact (+351) 925 924 474, hereinafter referred to as Vagabunds & Co.) and the customer starting from 1.04.2017 exclusively the following General Terms and Conditions will apply, regardless of the means of communication used.
- The customer recognizes the exclusive validity of Vagabunds & Co. General Terms and Conditions for the entire business relationship. Vagabunds & Co. will not recognize any different conditions of the customer unless the management of Vagabunds & Co. has expressly agreed in writing to their validity. If the customer enters into a business relationship with Vagabunds & Co. by using the website, he/she recognises the General Terms and Conditions as the basis for the entire business relationship between the customer and Vagabunds & Co..
2. CLOSURE OF PURCHASE CONTRACT AND CANCELLATION
- The presentation of products within the framework of the Online Shop does not represent a legally binding offer but rather an in-line catalogue without obligation. By clicking the button to buy, you are making a binding order for the goods contained in the shopping cart. The confirmation of the receipt of the order will occur immediately after the order has been sent through an automatically generated e-mail and does not yet represent an acceptance of any contract. Such acceptance will only come into being when you receive an e-mail from us, in which we confirm the dispatch of the item or the order. We are able to accept your order within two days.
- We will store the text of the contract and will send you the order details by e-mail. You may consult previous orders in your customer account, provided that you have registered with us.
- If we cannot accept the offer or should certain products in an order not be available, then you will be informed immediately.
- Vagabunds & Co. reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.
- All offers are valid as long as stocks last. Should our supplier despite contractual agreement not be able to deliver the ordered products then we equally have the right to cancel a contract with a customer. In this case you will be informed without delay that the ordered product cannot be delivered. The already paid purchase price will be returned within 14 business days (with Saturday not being considered a business day) of or set against other products. We may refuse repayment until we have received back the goods again or you have sent us proof of having sent back the goods, whichever occurs first.
- Policy regarding the conditions for and consequences of cancellation are set out in the following section ‘Cancellation Policy’.
Cancellation rights .
You have 15 days to ask for a cancelation. If you don’t like what you got, you can undo the entire order within that period. The cancellation does not require any stated reason, so it can be made it by filling the form below and we’ll contact you with more instructions. If you have already received your order, you will need to return all the items in the order. You will need to pay the cost of returning the order. The items must be in their original condition and will be inspected once we have received them.
We may refuse any repayment until we have received back the goods or until you have provided proof that you have sent back the goods depending on whichever is earlier.
The time limit is observed if you dispatch the goods before the end of the 15 day period.
The cancellation right does not exist in the case of the following contracts unless the parties have agreed otherwise:
- Contracts for the delivery of goods which are not pre-manufactured and the specification for the production of which is determined by the individual choice of the consumer or which are clearly customized for the individual needs of the consumer.
- Contracts for the delivery of sealed goods which for reasons of health protection or hygiene are not suitable for returning if the sealing has been removed after delivery.
- Contracts for the delivery of goods if these by reason of their nature have been inseparably intermixed with other goods after delivery.
- Contracts for the delivery of audio or video recordings or computer software in sealed packaging if the sealing has been removed since delivery.
- Contracts for the delivery of newspapers, periodicals or illustrated magazines with the exception of subscription contracts.
Items that can be sent by parcel are to be sent back at our risk. You bear the direct costs of the return of goods.
The return of goods that cannot be sent by parcel (specifically Surf and Stand Up Paddle Boards) has to be done through Fed Ex Freight or other freight forwarding agencies and the cost must also be borne by the customers. The cost of returning goods by Fed Ex Freight is 140 Euros and otherwise max. 200 Euros. The costs of freight forwarding may vary according to delivery country.
- Should nothing different be requested by the customer then the delivery address entered by the customer will be used.
- Delivery is assigned to different delivery service providers depending on the country. The relevant individual delivery conditions and delivery costs can be found in the detailed information on the internet page.
- If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.
- The delivery is sent from stock, the location of which is also the place of delivery. The customer takes over the risk once he/she takes possession of the item.
- Delivery and service delays due to acts of God are not the responsibility of Vagabunds & Co. Such events give Vagabunds & Co. the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non completed parts of orders. Acts of God include strikes, natural disasters, war, blockades, import and export restrictions and other national interventions regardless whether they occur at Vagabunds & Co. or distributors of Vagabunds & Co.
4. PAYMENT AND LATE PAYMENTS
- All product prices at Vagabunds & Co. are gross prices, include the current rate of taxes in the particular country and are shown in the stated currency. The prices stated at the time of the order including sales tax plus all costs arising from delivery are valid until further notice.
Settlement is made in Euro. In some countries there may be differences of exchange rates for payments in other currencies than Euro.
- Customers from non EU countries and outside Switzerland can order at Vagabunds & Co. minus sales tax. The payment of the land specific taxes is the responsibility of the customer and is not part of the obligations of Vagabunds & Co. Any customs duties that may arise have to be paid by the customer.
- The retail price is payable upon placement of an order.
- The customer can pay the purchase price by credit card, Pay Pal or Multibanco (only possible in Portugal). In the case of payment by Pay Pal Express, Vagabunds & Co. will store the e-mail address and delivery address supplied to Pay Pal in order to process the order.
5. INVOKE A WITHHOLDING RIGHT AFTER NOTIFICATION OF DEFECTS
- A right to withhold may be invoked by the customer only when his complaints have been recognised legally or by Vagabunds & Co. The customer is only entitled to exercise his withholding right in as far as his counter claim is based on the same contractual relationship.
6. PROPRIETARY RIGHTS
- All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of Vagabunds & Co.
- The guarantee period is based on the legal regulations.
- Claims against Vagabunds & Co. which may go beyond guarantee claims based on a manufacturer’s guarantee are excluded in as far as this is legally permissible. Claims arising from a manufacturer’s guarantee can only be claimed by the customer against the manufacturer, who has provided the guarantee.
- The guarantee is not valid against normal wear and tear caused by use of a product.
- Should a defect in a purchased item be the responsibility of Vagabunds & Co., then Vagabunds & Co. is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If Vagabunds & Co. is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of Vagabunds & Co. or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.
- If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then Vagabunds & Co. will bill the customer for any expenses incurred.
- Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.
Claims by the customer other than the guarantee claims laid down in 7., especially damages claims, are excluded, in as far as this is legally permissible. Thus Vagabunds & Co. accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of Vagabunds & Co. is excluded or limited, this also applies for the personal liability of employees, representatives or agents.
The liability limitation defined does not apply in as far as the damage/harm is the result of intentionality or gross negligence or personal injury has occurred.
Vagabunds & Co. accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.
The customer expressly understands that bindings are only mounted according to their general settings. No adjustments have been made with regards to actual body weight, body size, ability or intended use. The customer understands that sets equipped with pre-mounted bindings are not ready to ride. The customer undertakes to have the settings adjusted according to industry standards by an authorized dealer (technician) and to have them regularly checked.
9. LINKS AND REFERENCES
The links to outside pages made by Vagabunds & Co. are only signposts to these sites; therefore they are presented in specific browser windows by means of external links. Vagabunds & Co. does not identify with the content of these pages to which reference is made and accepts no responsibility for them.
10. INFORMATION OBLIGATIONS
On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform Vagabunds & Co. of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then Vagabunds & Co. may withdraw from the contract, in as far as such a contract has been made.
11. DATA PROTECTION
All data collected by us will be used and processed exclusively within the framework of the current data protection laws in accordance with our data protection regulations.
12. SEVERABILITY CLAUSE
Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract still remains unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.
At Vagabunds & Co., your security when shopping online is number one. Your personal data is treated confidentially and is encrypted using SSL. We adhere to the high standards of our certifications in consumer protection and data, payment and delivery security.
We’re pleased about your interest in our website. Protecting your privacy is very important to us. In the following, we will provide a detailed account of how we deal with your information.
Acquisition, processing and utilization of personal data
You can visit our website without submitting any information about yourself. We simply save access data to analyze and improve our offers and do not permit any connection to your person.
Personal data is only collected if you voluntarily provide us with it, while opening a customer account or registering for our newsletter. We use the personal details you’ve shared to complete your order. As a customer, your information is used for contract-completion and our own advertisement purposes. When you separately sign up for our newsletter, your email will be used for our own advertisement purposes until you opt out of the newsletter.
Distribution of personal information
Your personal data will be transferred to the relevant delivery organization, as far as this is necessary for the delivery process. In order to complete payments, we pass on your payment details to the relevant banking institution.
Right to information
You have the right to gratuitous information (per e-mail) regarding your personal and saved data, as well as the right to correct, inhibit, cancel or revoke any granted permissions.
During the ordering process, your personal information is encoded via “Secure Socket Layer” (SSL) and transferred through the Internet (excluding address transfer within newsletter subscriptions). Credit card details are not saved. We use both technical and organizational measures to secure our website and systems against data loss, destruction, access, manipulation or distribution by unauthorized persons. Access to your customer account is only possible by entering your personal password. Please keep your login details confidential at all times and always close your browser window once you have finished communicating with us, especially if you are using a shared computer.
Notice about E-mail advertisements
As a newsletter subscriber, we will regularly send you carefully selected offers on related products from our online shop by e-mail. Your e-mail will not be given to other organizations.
Links to other websites
On our website, you will also find links to other websites. We specifically do not hold any kind of liability for the accuracy, completeness, legality, objectivity and timeliness of the contents of these websites.