1. Introduction
This document regulates the terms and conditions of use of this website and the agreement that is established between us Forte Store / Seller / us / ours) and You (user).
These Terms enshrine the rights and obligations of all users and the Forte Store regarding the goods / services made available on this website or any other website for which there is a hyperlink (Services Forte Store).
Before pressing the "CONFIRM ORDER" key at the end of the ordering operation, you should read these Terms carefully. If you do not agree with these Terms in their entirety, you must refrain from placing any order. These Terms are liable to be changed by Forte Store, so you should read them before placing any order.
If you have any questions about these Terms, please contact us using our website or through our electronic form. Neptune Ring S.A. operates under the brand FORTE STORE is a Portuguese company, registered under No. 514207280 with headquarters in Parque Industrial de Ruães, pa 1- Mire de Tibães, Braga Portugal. Our tax number is PT 514207280.
2. Use of this Site
These Terms are the only conditions applicable to the use of this website and prevail over any other conditions, except in the case of express agreement by the Seller, given previously in writing.
These Terms are important to both parties, as they aim to protect the user's rights, as a customer, as well as our rights as a Seller and are intended to establish a legally valid agreement between the parties.
When placing an order, the user confirms that he has read these Terms, which he accepts without any reservation. The user accepts that:
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- You can only use this website to make legitimate inquiries or orders.
- You will not place orders of a speculative, false or fraudulent nature. If we have reasonable reason to believe that a particular order is of that nature, we reserve the right to cancel it and to inform the competent authorities.
- You will be obliged to indicate an email address, postal address, or the data relating to another form of contact, which are correct and complete and you accept that the Seller may contact you using these data, if deemed necessary.
- If you do not provide the Seller with all the information he deems necessary, it may not be possible to complete your order.
- When placing an order through this website, the user declares that he is over 18 years of age and that he has the legal capacity to enter into contracts.
3. Contract Formation
The information contained in these Terms does not constitute a sale proposal, but merely an invitation to negotiate. No contract with respect to the mentioned products will be established between the Seller and the user without the order having been accepted by the first (regardless of whether a debit has been made to the user's account).
If the order is not accepted after any debit has been made to the user's account, the respective amount will be refunded in full.
To place an order you must follow the online purchase process and press the "CONFIRM ORDER" key.
You will then receive an email confirming that your order has been received by the Seller (the "Order Confirmation"). You should be aware that this does not mean that your order has been accepted. The order constitutes only a proposal to purchase one or more of our products.
Any order is subject to the respective acceptance by the Seller, which will always be confirmed by sending an email communicating the shipment of the product (s) - Shipping Confirmation.
The purchase and sale contract between Seller and user (Contract) will only be formalized with the communication of the Shipping Confirmation. The Contract will only concern the products mentioned in the Shipping Confirmation. The Seller will not be obliged to supply any other products that may be included in the order, until the shipment of them has been the subject of another Shipping confirmation. The elements and information transmitted by the User will enjoy full legal effects, the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.
4. Product Availability
Any order of products is subject to their availability and, in this regard, in the event of non-existence or difficulty in supply, the Seller reserves the right to inform the user about the existence of alternative products, of quality and value equal or higher, which he can order.
If the user is not interested in ordering alternative products, any sums paid by the user will be refunded.
5. Order Refusal
The Seller will not be liable, before the user or any third party, for the withdrawal of any product on this website, for the alteration or elimination of any materials or contents of this website, nor for the refusal to complete the processing or to accept any order that has been the subject of an Order Confirmation.
6. Right of Free Resolution by the user - "Cooling OFF"
The user who contracts as a consumer can freely terminate the Contract within 15 days from the date of delivery of the products. In this case the user will be refunded for the full price paid for the products, in accordance with the terms of the Return Conditions (see clause 12 below).
Please see in the Return Conditions how to return products. The right to terminate the Contract will only take place if the products are returned in the same state in which they were received by the user. The customer is responsible for accommodating the items in a packaging that protects them during transport. It must return it with all instructions, documents and packaging materials. Any damaged product, which is not in the same condition in which it was received by the user, or which has signs of use beyond the mere opening of the respective packaging will not be refunded.
Please take care with the handling of the product (s) while they are in your possession and keep the original boxes, instructions, documents and other items in your possession. packaging materials for later return and collection of products. More detailed information on the right to terminate the contract and the explanations relating to the respective exercise are the subject of clause 12 of these Terms. This provision is without prejudice to any rights resulting from the law.
7. Delivery
Provided that they are available (see clause 4 above), the Seller will make the best efforts so that, except in exceptional circumstances, the products included in a Shipping Confirmation are delivered to the user on the date indicated therein , or if there is no date indication, within 15 days from the date of the Order Receipt Confirmation.
Possible reasons for the delay include:
- Specialized products;
- Unforeseen circumstances;
- Delivery area;
If, for any reason, the Seller is unable to deliver on the scheduled date, the user will have the option of maintaining the order by extending the delivery period or canceling it against full refund. The user should take into account that, in any case, the Seller does not deliver on Saturdays or Sundays. For the purposes of these Terms, a "delivery" is considered to be made or a product is considered "delivered" with the signature of the delivery receipt at the agreed address.
8. Impossibility of Delivery
If the Seller is unable to deliver after 1 attempt, he will endeavor to find a safe place to drop off the ordered product. A note will be left explaining where the product is and how the respective order can be collected.
In case of delivery at pick up points the order will remain at these points for 10 days, after this period the order will be returned to Forte Store which will try to contact the buyer. The buyer will be responsible for the costs of this new shipment.
9. Risks and Ownership
From the moment of delivery, the risks related to the product supplied will be borne by the user.
Ownership of the supplied products will only be transferred to the user when the Seller has received full payment of the amounts due for the supply of the product, including delivery charges, or after delivery, whichever is the last.
8. Impossibility of Delivery
If the Seller is unable to deliver after 1 attempt, he will endeavor to find a safe place to drop off the ordered product. A note will be left explaining where the product is and how the respective order can be collected.
In case of delivery at pick up points the order will remain at these points for 10 days, after this period the order will be returned to Forte Store which will try to contact the buyer. The buyer will be responsible for the costs of this new shipment.
9. Risks and Ownership
From the moment of delivery, the risks related to the product supplied will be borne by the user.
Ownership of the supplied products will only be transferred to the user when the Seller has received full payment of the amounts due for the supply of the product, including delivery charges, or after delivery, whichever is the last.
10. Price and Payment
Except in case of evident error, the price of the products will be what is indicated at any time on our website. Although the Seller seeks to ensure that all prices indicated on the website are correct, errors may occur. If the Seller finds that the price of a product in an order is wrong, he will inform the user as soon as possible, giving him the choice between reconfirming the order at the correct price or proceeding with its cancellation. If it is impossible to contact the user, the order will be canceled and the user will be fully refunded the price of the products, if he has already paid for them.
The Seller will have no obligation to supply any product at an incorrect price (if lower), even if a Shipping Confirmation has already been issued, if the error is notorious, unambiguous and should have been identified by the user in reasonable circumstances.
The prices indicated on this website have VAT included (when applicable), but do not contain delivery costs, which will be added to the final price.
We reserve the right to refuse orders of large size or value. All prices and quantities available are subject to change at any time, but, except as noted above, this change will not affect orders for which a Shipping Confirmation has already been issued.
When the user has finished their purchases, all the products they wish to purchase will be inserted in their basket and the next step will be the process of registering the checkout and making the payment. For this purpose, you should:
- Press the VIEW CART key at the top of the page.
- Press the FINISH key.
- Fill in or confirm the data related to your contacts, your order, billing address, shipping address, transport and payment method.
- Press the CONFIRM ORDER key
- Proceed to payment.
- IMPORTANT: Only payment reserves stock.
11. Value Added Tax
According to the rules and regulations in force, purchases made through this website are where applicable, subject to Value Added Tax (VAT).
Sales prices to the public, whether for an individual customer or a company, include where applicable Value Added Tax (VAT).
12. Returns Conditions
Returns are possible according to the following rules mentioned below.
EXCHANGES are only possible by VALE, the possibility of exchanging them for each item is not available.
- General rule for return
If the user wants to return a product, they must do it within 15 calendar days from the date of receipt of the order , entering their customer area and selecting the order containing the item and indicate that you want to return it and for what reason.
We do not accept returns in a physical store, and you must send to our address by registered mail, within the deadline set for returns, or use the Returns collection service (cost with carrier), requesting collection.You must also indicate the desired refund method, if a FORTE STORE online shopping voucher or the refund of the amount (in this case, the refund is made by the same payment method used in the purchase, and in the case of having made the payment by ATM, MBWay or Pasyshop must indicate IBAN).
- You must send by registered mail to our address , attaching the return request document: FORTE STORE Urbanização de Ruães - Lote 1 Mire de Tibães - 4700-565 Braga PORTUGAL
The user must return the product in the same packaging used for the first delivery. Whenever possible, the user must accompany the product to be returned from all original boxes, instructions / documents and packaging materials. The Seller will inspect the returned product. Any product that has been damaged, that is not in the same condition in which the user received it or that shows signs of use other than simply opening the package, does not give the right to a refund.
- You can alternatively opt for the Returns collection service
In the case of using the Returns collection service, it has a cost if you want a refund. This cost will be withdrawn at the value of the return. Therefore, you must also indicate the date, the place where you want the return collection to be made (at least 24 hours after you have indicated that you want to make the return. Returns will only be made on business days). The cost of this return will be withdrawn at the amount to be refunded (€ 4 for mainland Portugal and islands, € 5 for Spain).
If you choose to receive the value of the item through the Forte Store Online shopping voucher, these returns collection service costs will not be withdrawn on the first return of the same order. As soon as the product is received at our facilities, the purchase voucher will be generated. If you used a promotional discount code, that amount will not be refunded, that is, the refund will be only for the amount actually paid.
- Order placed as a guest
If the order was placed as a guest this procedure must be carried out using the link sent to you by email for order confirmation.
- Return by withdrawal
The User has up to 15 days after the date of delivery of the products to return them , without any justification being required (except in the case of products made to your specification or customized).
- Return of defective products
If the user understands that the product supplied, at the time of delivery, does not comply with the provisions of the Contract, he must access his client area to select the order containing the item and indicate the item to be returned and the respective cause. The supplier will schedule a return and inform the day on which it will be made. The Seller will inspect the returned product and inform the user of the right to its replacement or refund (if applicable), via email, within a reasonable time.
The Seller, as a rule, proceeds to refund or replacement as soon as possible and, in any case, within 30 days from the date of confirmation via email that the user is entitled to a refund or replacement of the defective product. Products returned by the user for defective reasons, if confirmed, will be refunded in full for the amount paid. The refund of any amount paid will always be made via the payment method used to purchase the product.
Advice for a more effective service:
- Items must be returned within 15 days, in perfect condition, with no signs of use and that retain the identification tag
- Must be returned in the clear plastic packaging (do not separate the lots or parts)
- The customer has the right to try on clothes and shoes to test the size and shape, but cannot use them.
- Returned items must be accompanied by a duplicate invoice / receipt which must always be sent in the packaging.
REFUNDS BY BANK TRANSFER
The refund will be made using the same payment method with which the purchase was made. In the case of payments made by Multibanco, Payshop or MBWay, we will request the IBAN of the bank account to which the customer wishes to receive the refund. If IBAN is not provided, the refund will be made automatically through a Shopping Voucher, which can be used for a next purchase at the Forte Store Online store. Forte Store will reimburse the customer for the corresponding amount, within 14 calendar days of notification of the customer's intention to return. Nevertheless, Forte Store reserves the right to withhold the refund until the arrival of the items in the same conditions and without showing signs of use. These provisions are without prejudice to any rights of the user, which result directly from the law.
13. Privacy Policy
The Seller respects your privacy. Any and all information collected on the website will be kept confidential and will not be sold, supplied or reused by third parties without your permission. Any information provided to us will be treated with care and used for the sole purpose of executing your order and improving your experience on our website. - See Complete Privacy Policy.
14. Liability and Exclusions
Seller's liability for any product purchased through this website is limited exclusively to the respective purchase price. Nothing in these Terms has the effect of excluding or limiting Seller's liability:
- Death or personal injury caused by your negligence;
- For fraud or fraudulent misinformation;
- Regarding any matter where the exclusion or limitation, or the attempt to exclude or limit Seller's liability is illegal.
Without prejudice to the provisions of the preceding paragraph, the Seller, to the maximum extent permitted by law and unless otherwise stated in these Terms, rejects any liability for losses or indirect damages, which occur as a consequence of the losses or major damages, even if they originated from the practice of unlawful, contractual or extra-contractual, including mere negligence, whether or not it was foreseeable, for example by way of:
- loss of business;
- loss of income or income;
- loss of results or contracts;
- loss of profits;
- data loss;
- management time and hours of activity.
Due to the open network nature of this website and the possibility of errors in the storage and transmission of digital information, the Seller does not guarantee the accuracy and security of the information transmitted or obtained through it, except when expressly referred to here. contrary. All product descriptions, information and materials on this website are made available in their precise terms ("as is") and without any warranty of express, implicit or consequent compliance for any reason. To the maximum extent permitted by law, the Seller does not assume any type of guarantee, without, however, this implying the exclusion of liability that cannot be legally removed within the scope of consumer rights. Nothing in this clause prejudices the user's legal rights as a consumer, nor does it affect his right to terminate the Contract.
15. Intellectual Property
The Store is a registered website and the Service provided by the website itself is the responsibility of Neptune Ring S.A. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation. The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws relating to industrial property and other property protection laws, therefore any use of such content may only occur under the express authorization of the respective owners. The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from practicing any acts that may violate the law or those rights, such as reproduction, commercialization, transmission or placement available to the public of such content or any other unauthorized acts which have as their object the same content. This does not prevent the user from using this website to obtain a copy of an order or the terms of the Agreement.
16. Written Communications
The applicable law requires that some of the information or communications that the Seller sends to users must be in written form. By making use of this website the user accepts that the communication between him and the Seller revises mainly the electronic form. The Seller will contact the user by email or provide information by entering notices on this website. For contractual purposes, the user accepts this means of communication electronically and acknowledges that any contracts, notices, information and other communications that the Seller transmits to him electronically satisfy the legal requirement that such communications be made in writing. This provision is without prejudice to any user rights arising directly from the law.
17. Communications
All communications from the user to the Seller must be sent using an electronic form. Without prejudice to the provisions of clause 16, the Seller may communicate with the user either by email or by post to the address on the order. Any communication will be taken for granted at the moment it is inserted on the website, 24 hours after sending an email, or on the third day following the date of its sending by post. For proof of sending a communication, in the case of a postal item, it is enough to prove that the respective letter was addressed correctly, sealed and delivered to the post office and, in the case of sending by email, that the same email was sent to the address email address specified by the user.
18. Transfer of Rights and Obligations
The Agreement between the Seller and the user is binding on the parties and their successors and assigns. The user may not transfer, assign or encumber his contractual position, or by any other means have the Contract or any rights or obligations arising therefrom, without the prior written consent of the Seller. The Seller may transfer, assign or encumber its contractual position, subcontract or by any other means dispose of the Contract or any rights or obligations arising therefrom, at any time during its term. However, any transfer, assignment or encumbrance of such position, or act of contract provision, may have the effect of limiting the user's legal rights as a consumer or reduce, or limit in any way, any guarantee provided by the Seller to the user of express or implied.
19. Events outside Seller Control
The Seller will not be responsible for non-compliance, or delays in the performance, of any obligation arising from the Contract that is due to an event beyond its reasonable control ("Force Majeure Event"). A Force Majeure Event comprises any event, act or omission, beyond Seller's reasonable control and includes, in particular (but not exclusively), the following:
- Strikes, lock-outs and other labor actions
- Civilian uprisings, turmoil, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of war preparations.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disaster.
- Impossibility of using railways, sea, air, road or other public or private means of transport.
- Impossibility of using public or private telecommunications networks.
- Government laws, decrees, regulations or restrictions.
- Any strikes, interruptions or accidents affecting relevant postal or transport services.
The Seller's obligation to comply with any Contract will be suspended for the duration of a Force Majeure Event and will give rise to an extension of the respective term equivalent to that duration. The Seller will make reasonable efforts to terminate a Force Majeure Event, or to find a solution that will enable it to fulfill its contractual obligations despite the existence of a Force Majeure Event.
20. Disclaimer
The Seller will not be responsible for non-compliance, or delays in the performance, of any obligation arising from the Contract that is due to an event beyond its reasonable control ("Force Majeure Event"). If the Seller, at any time during the term of the Agreement, refrains from demanding strict compliance with any obligation that the user derives from the Agreement or these Terms, or from exercising any right or power therein provided to put an end to such breach, this will not constitute a waiver of those rights and powers and will not exempt the user from the fulfillment of his obligations. The resignation of the Seller to the exercise of any right or power, in the event of a particular situation of non-compliance by the user does not mean disclaimer of rights or powers in the face of a situation of subsequent non-compliance. Seller's disclaimer of any right resulting from the Agreement or these Terms will only be effective if it is in a written communication sent to the user in the manner provided for in the Communications clause, where the expressly declares that he disclaimers.
21. Reduction
The declaration of invalidity, illegality or ineffectiveness, by the competent authority, of any of the provisions of these Terms & Conditions will not affect any of the remaining provisions, which will continue in full force.
22. Full Agreement
These Terms and any document referred to therein constitute the entire agreement established between the parties regarding the formation of a Contract and prevail over any previous agreement, understanding or combination, in written or oral form. Both parties acknowledge that, when entering into the Contract, neither of them based their motivation on a declaration, commitment or promise made by the other, or that it could be considered implicit in something that had been said or written in negotiations between the parties at the time prior to the execution of the Agreement, unless otherwise stated in these Terms. Neither party may take advantage of the fact that the other has produced an untrue statement, either orally or in writing, prior to the conclusion of a Contract (except when such statement has been made with fraud) and can only rely on the rules of non-compliance contractual obligation resulting from these Terms.
23. Seller Changing Terms of Service
The Seller has the right to change these Terms of Service at any time. The user is subject to the principles and terms in force at the time of his order, unless the law or the competent authority imposes any changes to them (and such changes are applicable to orders already placed).
24. Applicable Law and Venue
Contracts for the purchase and sale of products through this website are regulated by Portuguese law. Any dispute arising out of or related to these Contracts is subject to the non-exclusive jurisdiction of the Portuguese courts. The provisions of this clause do not prevail over any legal rights of the user as a consumer.
25. Comments
The Seller appreciates the comments and opinions of the users. Please send them via our electronic form.
26. Consumer Conflict Arbitration Centers
In the event of a dispute, the consumer may use the following arbitration centers:- Centro de Arbitragem de Conflitos de Consumo de Lisboa http://www.centroarbitragemlisboa.pt/
- Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral http://www.triave.pt/
- CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo) http://www.ciab.pt/pt//a>
- CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo http://www.arbitragemdeconsumo.org/
- Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra http://www.centrodearbitragemdecoimbra.com
- Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve http://www.consumoalgarve.p
- Centro de Informação de Consumo e Arbitragem do Porto http://www.cicap.pt
- European Consumer Centres https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguag
27. Online Complaints Book
You can use the Online Complaints Book at this link: https://www.livroreclamacoes.pt
28. Discount Coupons and Vouchers
Discount coupons issued in physical stores are applicable in the online store, according to the rules in the voucher. In turn, Vouchers originating from returns or items out of stock are not applicable in physical stores.
The use of discount coupons, resulting from 15%, 30% or 50% coupon campaigns, that is, with a code with the indication TDP or VCP, cannot be accumulated with other campaigns in force, and their improper use, either accumulation with other discounts or out of date, will result in the cancellation of the voucher in the order and indication of payment data for the finalization of the order.