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Terms and Conditions
1. General Information
The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as “the customer”) with DESPOMAR, Com.Art.Desp.S.A. (hereinafter referred to as “Despomar” or “we”) on the 58 Surf website or through a distance purchase.
By using the 58 Surf website and/or placing an order, you agree to the terms and conditions set out herein (the “Terms”). Please ensure you have read and understood the Terms before placing an order. Only natural persons aged 18 or older (not under guardianship) may place orders.
The inclusion of any products or services on 58 Surf at any given time does not imply or guarantee that these same products or services will always be available. We reserve the right to discontinue any product or cancel an order at any time. We also reserve the right to periodically change these Terms without prior notice to the customer. The version of the Terms applicable to your order will be the one published on 58 Surf at the time of your purchase.
58 Surf aims to provide the best possible online experience.
You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communication or content that could harm or negatively impact our company, products, or services; (ii) act in a way or use any device that restricts, compromises, interferes, or inhibits any other user from using or enjoying the 58 Surf website, or that affects the website’s security; or (iii) use or attempt to use any engine, software, tool, agent, script, or other mechanism (including, but not limited to, spiders, bots, crawlers, avatars, or intelligent agents) to navigate or search the website, or to copy its content.
We reserve the right to immediately block access to the website and close the account of any user who violates this or any other provision in these Terms and Conditions.
2. Prices and Shipping Costs
The prices shown on 58 Surf include VAT but do not include shipping costs. The cost of each shipping method is clearly indicated during checkout. If we are unable to send your order in full and need to make multiple shipments, you will not be charged additional fees for subsequent deliveries.
Prices in physical stores and online may differ. If any product price is displayed with an identifiable error, an “abnormally low” value, or zero euros, we reserve the right to cancel the order.
3. Orders / Contract Completion
The customer may order through the 58 Surf website, by phone, or via WhatsApp. After placing your order, if you have provided your email address, you will receive a confirmation email. If, for any reason, we are unable to complete your order, we will inform you as soon as possible.
If we have already received payment for that order, we will attempt to refund you the applicable amount using the same payment method. If alternative arrangements are needed, we will notify you and ask you to contact our Friends Service, which will process the refund.
4. Shipping
58 Surf will do its best to accept and process orders diligently and to ship your order to your address, a collection point, or another specified location according to your selected delivery option.
You can consult our full shipping and returns policy HERE.
58 Surf aims to dispatch orders as quickly as possible and in the order they are received. Our goal is to ship within 2 to 5 business days after order confirmation. Although we aim to meet this timeframe, unexpected delays may occur. In the unlikely event that shipping exceeds 30 days, you may cancel your order.
After placing your order, if you have provided your email address, you will receive a confirmation email with shipping details. You can find more shipping information HERE. If your order does not arrive by the estimated date, please contact Friends Service.
5. Order Cancellation
You may cancel and return your order within 14 days after receiving the purchased items. If the items have already been charged, you will receive a refund including shipping costs (if applicable).
If you decide to keep some items and cancel only part of your order, shipping fees will not be refunded. (Find more information about Exchanges & Returns HERE).
If the item you received is defective, notify 58 Surf immediately and return it according to Section 6 (“Returns”) below. 58 Surf will fully refund any items deemed defective.
The provisions of this document do not limit your applicable legal rights.
6. Returns
58 Surf guarantees a full refund, according to Section 5 (“Order Cancellation”), provided that all items are returned in the same condition in which they were delivered. This means that items must not be damaged, dirty, washed, altered, or worn (except for trying on), and all tags must remain intact.
There is a return form you must use if you decide to return any items. You can find more detailed information about our return process in the delivery note and on our (EXCHANGES AND RETURNS page).
Return shipping costs are your responsibility.
7. Payment Methods
You can pay for your online purchases in several ways, as indicated during checkout.
You will receive the legally required invoice in the shipping confirmation email.
8. Our Liability
Nothing in these Terms excludes or limits Despomar’s liability in cases where such exclusion or limitation would be unlawful. We do not seek to exclude liability for fraudulent misrepresentation by us, our employees, or agents.
In the event of a breach of these Terms by us, we will be liable for losses directly resulting from willful misconduct or gross negligence of contractual obligations.
Despomar is not liable for indirect losses that are side effects of the main loss or damage, such as loss of profit or opportunity; nor for any failure to deliver the goods or fulfill any obligation under these Terms when such failure results from circumstances beyond our control, including, among others, fire, flood, storm, riot, civil disturbance, war, nuclear accident, or terrorist activity.
If you have an issue with a product purchased on 58 Surf and cannot resolve it directly with Despomar, you may submit a complaint through the EU Online Dispute Resolution platform (ODR).
The ODR platform allows EU consumers and traders to seek resolution for online purchase disputes without going to court. It is an interactive, user-friendly website available in all EU official languages, free of charge.
You can access it at: http://ec.europa.eu/odr.
9. Photos, Colors, and Measurements
We make every reasonable effort to ensure the accurate representation of our products’ attributes, including composition, photos, and colors.
The color you see depends on your computer system, and we cannot guarantee that your monitor accurately displays colors.
The product measurements shown on 58 Surf are approximate values meant to give you a better idea of the fit or style of a specific item and do not guarantee the exact measurements of the item you will receive.
Final measurements may vary depending on the materials used in production.
If the product photo is incorrect, we reserve the right to cancel the order and refund the amount.
10. Warranty
In case of defects in the products you purchased, Despomar complies with all legal warranty regulations.
If you are not satisfied due to material or manufacturing defects in the items supplied, including transport damage, please return the items immediately using the (RETURN FORM).
11. Assignment
Despomar may transfer to third parties any payment claims related to the delivery of products, with the prior consent of the customer.
12. Severability Clause
Subject to applicable law, if any of these Terms are found invalid or unenforceable by a court or regulatory authority, the remaining Terms will continue to apply.
13. Company Information
DESPOMAR, Com.Art.Desp.S.A.
Edifício Ericeira Surf Center - Av. São Sebastião, 36B,
2655-483 Ericeira
VAT No. 501 823 646