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 by placing an order, you accept the terms and conditions set out here (the “Terms”). Make sure you have read and understood the Terms before placing an order. Only individuals aged 16 or older (who are not under guardianship) can place orders.
The inclusion of any products or services on 58 Surf at a 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 reserve the right to change these Terms periodically 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 placing the order. 58 Surf aims to provide the best online experience possible.
You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communication or content that may harm or have a negative impact on our company, products, or services; (ii) act in a way, or use any device that restricts, compromises, interferes with, or inhibits any other user from using or enjoying the 58 Surf website, or that impacts the website's security, or (iii) use any device or attempt to use any engine, software, tool, agent, script, or other device or mechanism (including, among others, spiders, bots, crawlers, avatars, or intelligent agents) to browse or perform searches on the website or to copy content from the website. We reserve the right to immediately block access to the website and close the account of any user who violates this provision or any other provision in these terms and conditions.
The prices displayed on 58 Surf include VAT, but do not include shipping costs. The cost of each shipping method is clearly indicated during the order completion process. If we cannot ship your order in its entirety and need to make more than one shipment, the customer will not have to pay additional costs for subsequent shipments. Prices in stores and online may vary. If the prices shown on the items are unusually low or zero euros, we reserve the right to cancel the order.
The customer can choose to order through the 58 Surf website, by phone, or through WhatsApp. After placing your order, if you have provided your email address, you will receive an order confirmation email. If, for any reason, we cannot complete your order, we will inform you as soon as possible.
If we have already received the payment due for that order, we will attempt to refund you by the applicable amount through the same method used to make the payment. If, for any reason, alternative arrangements are required, we will notify you and ask you to contact the Friends Service, who will handle the refund.
DESPOMAR does its best to accept and process orders as diligently as possible and to ship your order to your address, a collection point, or another specified address according to the selected shipping option.
You can check our complete shipping and return policy (HERE).
You can cancel, proceeding to return your order up to 14 days after receiving the ordered items. If the items have already been charged, you will receive a refund that includes shipping costs (if applicable).
If you choose to keep some of the items and cancel only part of your order, shipping costs will not be refunded. (Find more information about Exchanges & Returns HERE). If the item you received is defective, notify DESPOMAR immediately and return the item in accordance with section 6 ("Returns") below. DESPOMAR will fully refund any items considered defective. The provisions of this document do not limit the applicable legal rights.
DESPOMAR guarantees a full refund, in accordance with section 5 ("Order Cancellation"), provided that all items are returned in the same condition as delivered. This means that items cannot have been damaged, soiled, washed, altered, or used (apart from trying the item), and all labels must be intact. There is a return form that you should use if you decide to return any items. You will find more detailed information about our return process on the delivery note and on our (EXCHANGES AND RETURNS page). Shipping costs are your responsibility.
You can pay for your online purchases in various ways, as indicated at the end of the order. You will receive the invoice required by law in the shipment confirmation email.
Nothing in these Terms excludes or limits Despomar's liability for any matter in which the exclusion or limitation of liability is deemed unlawful. We do not seek to exclude liability for fraudulent misrepresentations on our part or on the part of our employees or agents. In the event of our breach of these Terms, we shall be liable for direct damages resulting from the breach, with intent or gross negligence, of the contractual obligations. DESPOMAR is not responsible for indirect losses that are a side effect of the main loss or damage, such as loss of profits or opportunities, or for failure to deliver items or fulfill any obligations set out in these Terms, when such failure is due to a situation beyond our control, including, among others, fire, flood, storm, riot, civil disruption, war, nuclear accident, and terrorist activity. If you have a problem with a product you purchased at 58 Surf, and you cannot resolve it directly with Despomar, you can submit your complaint on the EU Online Dispute Resolution platform (the "ODR platform"). The ODR platform offers EU consumers and traders the opportunity to resolve disputes without going to court for complaints about online purchases. This single entry point is designed to be an interactive, user-friendly website available in all official EU languages and free of charge. By using the ODR platform, the consumer and the trader can find a resolution to the dispute and then initiate the process of determining a solution for the merchant's complaint. The ODR platform is available at: http://ec.europa.eu/odr.
We make every reasonable effort to ensure that the representation of our product attributes, including composition and colors, is as accurate as possible. The color you see will depend on your computer system, and we cannot guarantee that your computer displays the colors precisely. The measurements of an item stated on 58 Surf are only approximate values to provide you with a better idea of the specific model or cut of that particular item, and not a definite guarantee of the actual measurements of the item you will receive. The final measurements of an item may vary depending on the material used in its production.
In the event of a defect in the items you have purchased, Despomar complies with all legal regulations regarding warranty. If you are not satisfied due to material or manufacturing defects in the items we provided to you, including damage incurred during transportation, return the items to us immediately using the
Despomar may transfer to third parties any payment requests related to product delivery, with the prior consent of the customer.
Notwithstanding the law, if any of these Terms is found to be invalid or ineffective by a court or regulatory body, the other Terms will continue to be in effect.
Edifício Ericeira Surf Center - Av São Sebastião, 36B,
VAT Number: 501 823 646