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Terms and Conditions Print E-mail

TERMS & CONDITIONS

Introduction

This website is owned and operated by Zondalgarve Lda, NIF 506035190, EN125, Quatro Estradas, Cascalheira, 8125-018 Quarteira, Portugal. These Terms & Conditions (Ts & Cs) apply to all users of our web-site. By accessing our website you agree to be legally bound by these Ts & Cs. We have deliberately tried to keep these Ts & Cs as simple and concise as possible.

Buying Products

Details of procedures, products, prices, payment and delivery are displayed on the web-site. We will always confirm your order by e-mail and will endeavour to give you an approximate delivery time.

Where products are more complex e.g. Awnings, Hot Tubs and Furniture, then it is recommended that you read the relevant Purchasing Rules available from the top level menu and contact us to discuss your needs for these products.

Prices

All prices are in Euros and are inclusive of IVA at the appropriate rate. All prices, except those for Awnings, Hot Tubs and Furniture, include delivery within Portugal.  Please contact our Sales Team for prices and processes associated with purchasing Awnings, Hot Tubs and Furniture and please refer to the Purchasing Rules pages in the top level menu of this website.

For all deliveries outside of Portugal we have to make a delivery charge, this charge is dictated by the size, and weight of the parcel and the location of the delivery address.

For all purchases outside of Portugal we strongly suggest you call our Sales Team on 00351 289 356 233, or e-mail us using the contact page of this website or using This e-mail address is being protected from spam bots, you need JavaScript enabled to view it and we can then discuss delivery options with you.

We try to ensure prices displayed on the web-site are correct at all times, however, should a pricing error occur we will inform you at the time of order confirmation. You may then decide whether to proceed or not with the order. We reserve the right to refuse and cancel any order where a pricing error has occurred.

Prices shown for Gas BBQs and Gas Patio Heaters also include the building and testing of these BUT ONLY FOR ALGARVE DELIVERIES. Please note that you should inform us of the type of gas regulator you would like us to fit for you. Please note also that Weber BBQs come already fitted with a BP regulator. In the absence of this information you will be expected to fit your own gas regulator and, in this case, Zondalgarve accept no responsibility for the correct or incorrect selection or attachment of such gas regulator.

Orders for Gas BBQs and Gas Patio Heaters to be delivered outside of the Algarve will be despatched in their manufacturer boxes for home build.

For Awnings, Hot Tubs and Furniture please see the appropriate section of the website.

Payment

Payment may be made by Paypal as shown on the website and payment is taken when we receive your order.

The price you pay is the price displayed on the website at the time we receive your order.

Zondalgarve is entitled to refuse any order placed by you.

Following your order we will send you an order acknowledgement e-mail. Please note that this e-mail is not an order acceptance. Acceptance of your order and the commencement of the contract between us will take place on dispatch to you of the products ordered.You undertake that all details you provide to us are accurate

Availability and Description

All products are subject to availability although we do endeavour to indicate product that is currently out of stock. Occasionally products shown are changed by suppliers in a cosmetic way and sometimes model numbers change although the product remains essentially the same. In these cases we reserve the right to interpret your order in the best possible way and to despatch the product that we consider to satisfy your requirement.

Delivery

With the exception of Awnings ,Hot Tubs and Furniture, prices include delivery within Portugal.

For Awnings, Hot Tubs and Furniture please see the appropriate section of the website.

When we confirm your order we will suggest a delivery date and approximate time of day.You should notify us at least 2 working days prior to this suggested date and time if this is not convenient. If this is not done and we are unable to deliver for reasons of your not being present to receive delivery we reserve the right to reschedule the delivery and to charge you a delivery fee that Zondalgarve deems to be reasonable.

Deliveries within the Algarve are made by our own staff and we take care to unpack and help you position the product(s) as you require. However, when we have to sub-contract delivery, for example for addresses outside of the Algarve, then delivery is restricted to the kerb-side and it is your responsibility to unpack and position the product(s).

Delivery will be deemed as successfully made once the product has arrived at the address specified so long as the product has been signed for or a signed note by the purchaser has been left to say that the goods can be left unsigned for. Products will be deemed your responsibility once they have been received by you, your agent or the intended recipient or a signed note has been left indicating that delivery can be left unattended. Any loss or damage to the products shall then be at your own risk.

It is your responsibility to ensure that your goods are checked before signing the delivery note. If you have received a package that is damaged and have chosen to accept the delivery, it is important that you sign the delivery note as "Damaged". You must then notify us of any damage within 48 hours of receipt and we may require photographic evidence of the damage to be supplied to us. We will then arrange to collect and replace your item within the usual time scales as indicated in the terms of delivery or offer an alternative remedy.

Signing of the delivery note as ‘unchecked’ or similar wording does not waive your right of notification to us for damage as detailed above. Signing the delivery note as ‘unchecked’ or similar wording will be deemed to have been accepted as undamaged. We cannot accept claims for damaged goods if the courier has obtained a clean signature for delivery or if more than 48 hours after delivery have passed. We cannot process claims for damaged packaging where the contents are undamaged.

If you receive a parcel which is obviously damaged beyond all levels of acceptability please REFUSE delivery for the item(s) and contact us immediately by email or telephone on 00351 289356233 we can then arrange for the appropriate action to be taken. We may ask for photographic evidence of the damage at our discretion.

No claims for damages will be accepted if we are notified more than 48 hours after delivery is accepted.

Returns

We will not accept returns or cancellations if the product(s) have been altered in any way that could be deemed as you using or treating the products as your own.

While in your possession, you must keep any products you intend to return to us in good condition. Products must be returned in the same condition as they were delivered and it is your responsibility to take reasonable care of these items. If products were delivered flat packed they should be returned in the same way including complete disassembly where appropriate. Care must be taken to ensure the returned products are packed well to avoid damage or loss of parts in transit, the products remain your responsibility until they are received by us in an undamaged condition.

General

We may assign, transfer, or subcontract any or all of our rights and obligations under these terms and conditions at any time.

We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that current version. You must check the terms and conditions on the website regularly or at least on each visit to our site.

Zondalgarve Lda shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

Not withstanding the any of above, Zondalgarve Lda’s liability for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.

Modifications to website

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms and conditions.

Please Note: Although we try to ensure that the content of our website is accurate, our websites may contain typographical errors or other inaccuracies E&OE ( Errors and Omissions Excepted ). Where this is the case and the error has been pointed out to us we will endeavor to amend the website accordingly as soon as practicably possible. Minor inaccuracies or typographical errors will not be treated as a reason to declare misrepresentation due to the information provided. If you are relying wholly on any content to make your purchase decision please feel free to contact us on 00351 289356233 to clarify and confirm any detail prior to placing your order with us.

Photographs are for illustrative purposes only. Product colours may vary slightly due to the photographic process and computer display. Illustrations used are merely illustrations and the product may be cosmetically different but will not deter the quality and/or performance of the product. Any accessories depicted are for illustrative purposes only and are not included with the product unless expressly noted in the product description

Liability

For any product you purchase from our web site:

  • We have the right to refuse to sell the product to you;
  • The product will correspond with the advertised description E&OE ( Errors and Omissions Excepted );
  • The product will be of satisfactory quality in relation to the item description and the price paid.
  • We will not consider claims for consequential loss in relation to distress, inconvenience or disappointment.
  • In any event liability shall be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.

Information you provide to us

The following applies to any information you provide to us, for example during the registration or ordering process.

You authorize us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our suppliers, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our “Partner Companies”).

If you obtain or choose to buy products from our website then we may collect information about your buying behavior and if you send us personal correspondence such as emails or letters or other messages, then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as the “Purposes”). All such information collected by us shall be referred to in these terms and conditions as “Personal Information”.

You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your personal information, please read our privacy policy. By accepting these terms and conditions, you agree to the processing and disclosure of the personal information for the purposes. If you would like to review or modify any part of your personal information then you should email us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

You must own or have the right to submit content for publication on our website and all content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;

You must ensure that all content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;

You must ensure that the content does not advertise or otherwise solicit for funds or is a solicitation for products or services;

We have the right to monitor content and may elicit, reject remove or change content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other content if we believe that their content is, or may be inappropriate or otherwise does not comply with the above. You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all content that you submit to us except any portion of the content that is personal information.

You have sole responsibility for the content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.

You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.

We are pleased to receive your contributions to the website (these include tips, discussion groups, product reviews, videos and anywhere else that your contributions are included on the website). We point out that the website is international and is accessible throughout the world and that by contributing in any way to the website, as above, you are consenting to the publication of your contribution on our websites. Zondalgarve Lda reserves the right to edit or not to display any contributions for whatever reason where necessary. No correspondence will be entered into regarding this.

All advertised sizes and measurements are an approximation but Zondalgarve Lda endeavor to make sure that all are as accurate as possible.

Applicability of online materials

Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use. Where content published on our website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content except for content which relates directly to products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.

Copyright and monitoring

The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Zondalgarve Lda, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping service. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.

General use

We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or is error free and can accept no liability for its unavailability.

You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

We accept no liability for any indirect, consequential loss, damage or special or punitive damages, or costs, or for any loss of data, profit, revenue, business contracts (whether direct or indirect) in each case, however caused, even if foreseeable and even if we have been advised of the possibility of such damages.

In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

 
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