Terms of SaleWhen any product (“Product”) purchased, that is offered by the company (“Company”, “We”, “Our”) Sand Challenge Lda through our website or Mobile Application(“Application”) you acknowledge and agree to these Terms of Sale. Refunds or cancellations may be issues where applicable in accordance with these Terms of Sale.
1.1 Any and all products sold by the company may be subject to Taxes based in Portugal and Europe, these may be added at check out.
1.2 Advertised Pricing may include shipping and delivery charges based on delivery address. If delivery charges are not included in the products or services pricing they may be added at checkout when required.
1.3 Some errors or omissions related to pricing or products and service description. The company has the sole right to change, edit or modify any prices, products or services for sale. The company will use reasonable effort to correct any errors as soon as reasonably possible of learning of them.
You may only pay for Products purchased on our Website using a valid credit or debit card (not available for Easy Pay payment option set out in clause 5 (Easy Pay) which is charged for the amount due at the time of purchase and/or monthly if a Product is purchased using the Easy Pay payment option.
3.3 When attempting to purchase any products or services through our website or application by clicking (“Buy Now”, “Place Order”) or similar option, this constitutes as an offer/agreement to buy a product or service.
5. SHIPPING AND DELIVERY
5.1 Any information related to shipping and tracking will be stated at checkout.
5.2 Date of delivery are only estimates and are not guaranteed to the actual delivery date.
6.WARRENTIES AND OTHER INFORMATION
6.1 Unless the company states otherwise in the items sales description, products and services are sold “as is”.
6.2 The company cannot guarantee the products or services descriptions on items for sale are accurate or complete. All information on the website application are for informal purposes to provide a brief synopsis of the product or service for anyone who is interested.
7.REFUNDS AND RETURNS
7.1 There is a 14-day return policy on any item or service bought from our website or application provided none of the original packing has been removed, product or service is in new/sellable condition or any vouchers have been redeemed/used.
8.LIMITATION ON LIABILITY
8.1 In no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your purchase or use, or inability to use, any product, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
9.GOVERNING LAW AND JURISDICTION
9.2 You accept and agree to submit to the jurisdiction of the courts of Portugal in respect of any dispute or difference arising out of and/or in connection with these terms and conditions or breath thereof.
10. LIMITATION OF THE TIME TO FILE CLAIMS
11.WAVIER AND SEVERABILITY
11.1 The company’s website and application, any and all information, uses, features, benefits and facilities they provide are on an "as is, as available" basis without any warranties whether expressed or implied.
11.2 To the fullest extent acceptable by applicable law, we disclaim all representations and warranties relating to the website and application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
11.3 We do not warrant that the website or application will always be accessible, secure, error free, or be free of computer virus or any other damaging code. Or any acts of God, shortage in raw materials, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
11.4 With reasonable effort made to include any and all information relevant to the website and application and keep it up-to-date, we make no warranties to the accuracy, timeliness or completeness of either the website or application.
11.5 The company will not be liable for any actions or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with website or application and the services offered in the website or application, your access to, use of or inability to use the website or application or the services offered in the website or application, reliance on or downloading from the website or application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
11.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the website or application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
11.7 Any and all limitations and exclusions above apply to the extent permitted by law. No statutory rights you have as a consumer can be limited or excluded.
11.8 The company make every reasonable effort to provide safety and security to all electronic data. You acknowledge by agreeing to these terms that electronic data transfer is vulnerable to interception. We cannot, and do not, warrant that any electronic data transfer to or form our website or application will not be intercepted or read by others.
11.9 The company hereby disclaims all warranties of any kind, whether expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
12. ENTIRE AGREEMENT
This website and application is owned and operated by:
Sand Challenge Lda
Thank you for using our Application and Website