Terms of service
TERMS AND CONDITIONS FOR SOUTH RACING ONLINE STORE
These Terms and Conditions are intended to regulate the general conditions governing the use of South Racing online store (“Website”), handled by SW Parts, Lda. (“Seller”), legal entity with VAT Number PT 518432831, with registered office at Estrada de Mourão, 26 - 2715-714 Montelavar (hereinafter "SW Parts Lda.") will be governed.
SW Parts Lda.'s online store’s service consists of making available and supplying a set of products, in order to allow the user, who is attributed the status of Customer (“Customer”), to order and purchase online the products presented therein.
Before making any purchase through the Website, the Customer must carefully read the Terms and Conditions in force, together with all the information that the Seller provides through the Website, before and during the purchase process.
The Terms and Conditions are available on the Website and are also available to the Customer during the purchase process, via a link that gives access to them. Before finalizing the purchase, the Customer must accept the Terms and Conditions in force.
The use of SW Parts Lda.’s online store implies full acceptance of and agreement with all parameters present in the Terms and Conditions described, as well as the Privacy Policy in effect at the time the user accesses SW Parts Lda..
If you do not accept, in part or in whole, any of the conditions set out, you should not make purchases from SW Parts Lda..
SW Parts Lda. reserves the right to update and change the Terms and Conditions without prior notice, any changes being published on the Website. Amendments to these Terms and Conditions will only apply to orders placed after the date of publication on the Website. You are advised to check the Terms and Conditions periodically to ascertain any changes or updates, namely before any and each purchase you intend to make. The Terms and Conditions publicly available at the time of the purchase apply to each purchase.
If you need assistance, please visit the Support area by contacting the Seller's Customer Service at telephone number +351 219 673 045 or by e-mail: info@southracing.com. You can find information regarding orders and shipments, refunds and return policy of the products acquired, directly on the Website or on the registration form.
At the time of any purchase, the user declares being over 18 (eighteen) years old and having full legal capacity for the performed acts, as well as the necessary powers to carry out this acceptance. All elements and information transmitted by users will have full legal effects, with users acknowledging the electronic purchases and not being able to claim lack of signature for non-compliance with the obligations assumed.
USE OF THE WEBSITE
By accepting these Terms and Conditions, the Customer expressly declares that they will not use the Website, or the features and services associated with its use, for any illegal and/or illicit purposes.
SW Parts Lda. is not responsible for damages resulting from interruptions, interferences, infections by computer viruses, failures or shutdowns of the operating system that may temporarily obstruct access or use by Customers.
To purchase products, the Customer must file a registration form, which will be made available during the purchase procedure. It is the Customer's responsibility to ensure the confidentiality and security of the password.
The Customer assumes full responsibility for the accuracy and completeness of the information provided, both when registering and when making purchases from the Website.
SW Parts Lda. shall not be deemed responsible if any information is inaccurate or insufficient, resulting in the delay or impossibility in processing the Costumer’s order, or even in the failure of delivery.
Violation of these Terms and Conditions by the Customer shall give SW Parts Lda. the right to terminate any transactions made with the Customer in the meantime.
PRODUCT AND PRICING INFORMATION
SW Parts Lda. informs Customers of the features, descriptions, images, or videos of each product and/or service on each page made available. SW Parts Lda. undertakes to make its products and/or services available, to the best of its ability, on a clearly manner and to correct possible errors that may occur as soon as possible. SW Parts Lda. cannot fully guarantee that all descriptions are complete, up-to-date and error-free.
Any photographs shown on the Website are for illustrative purposes only, and the Customer is responsible for fully reading the other information provided on the essential characteristics of the products, in particular regarding their dimensions.
SW Parts Lda. presents, concisely, the prices of each product, including VAT rates, shipping costs applied to each order and other additional costs that may apply.
If SW Parts Lda. detects an error in the price of one or more products that the Customer has ordered, the Customer will be informed as soon as possible and given the option of reconfirming the order at the correct price or cancelling it. If the Customer cannot be contacted, for whatever reason, the order will be cancelled and the amount paid will be refunded in full using the same payment method.
Without prejudice to the above, in the event of a computer, manual, technical or any other error that could lead to a substantial change, not foreseen by the Seller, in the retail price, making it exorbitant or clearly derisory, the purchase order will be cancelled, as invalid and the amount paid by the Customer will be promptly refunded. The Customer will be notified of the cancellation of the order and the refund of the amount paid.
Information about products, prices, content, images, videos, promotional campaigns, and services may be updated and changed by SW Parts Lda. at any time, without any prior notice. The Customer is obliged to check the final sale price before sending the order form.
INTELLECTUAL PROPERTY
South Racing Shop. is a registered online store, and the service provided is the responsibility of SW Parts, Lda.
The Customer recognises that the contents of this Website are protected by intellectual property rights of SW Parts Lda. and third parties and undertakes to respect such rights.
The rights to texts, images, graphics, sound and animation and all other information and the way in which they are graphically represented on the Site, including brands, logos and symbols, as well as the layout and structure of the Site are owned by SW Parts Lda. or have been duly licensed in SW Parts Lda.'s favour.
Customers are not authorised to transmit, publish, modify, copy, sell, use or distribute, in any way, the texts, images or other information contained on this Site or part of the Site without prior written authorisation from SW Parts Lda.. The use of brands and logos on this Site, as well as the availability of materials on the Site, do not grant, nor can they be interpreted as granting, permission to Customers to use, directly or indirectly, such brands, logos or materials.
HOW TO ORDER
To order one or more products on the Website, the Customer must select the product(s) following the instructions indicated on the Website. In order to submit the order form and conclude the purchase, the Customer must register on the Website: the Customer must create their own "account" (or personal profile) by filling in the form on the Website, taking care to correctly indicate their personal data as requested in the electronic registration form.
The Customer assumes responsibility for the veracity and accuracy of the personal data entered and communicated to the Seller during registration and when sending the order form. Any damage, delay or disruption relating to and/or attributable to the inaccuracy and/or falsity of the personal data entered at the time of registration, and/or subsequently amended, shall be the sole responsibility of the Customer and shall not be attributable to the Seller. Before sending the order form, the Customer will be able to identify and correct any errors relating to the data communicated to the Seller.
The Customer must select the products on the Website, accept these Terms and Conditions and send the aforementioned form to the Seller via Website, following the instructions on the Website; the order form sent by the Customer has the value of a contractual offer and the Seller reserves the right to accept (or not) such offer.
Before finalizing the order, the Customer must read the applicable Terms and Conditions, inserting the agreement symbol in the available box, thus accepting them, which is a fundamental requirement for continuing with the operation.
Upon the order’s finalization, the Customer will be informed of the final price to be paid, including applicable taxes and the cost of shipping.
Before submitting the order form, the Customer undertakes to carefully check that the data entered is correct. Any additional charges resulting from the incorrectness of the data entered may be charged to the Customer.
By confirming the order, the Customer enters into a sales contract with SW Parts Lda., expressing their acceptance of the description of the products purchased, their prices and these Terms and Conditions.
The Seller may not accept orders and may not process orders sent by the Customer that do not offer sufficient guarantees of payment, contain incomplete data, are likely to be considered fraudulent and/or are made by minors or are merely incorrect. In these cases, the Seller will inform the Customer by email of the non-completion of the contract, stating the reasons why it was not possible to proceed with the order. The Seller shall refund to the Customer any price already paid within 14 days.
PAYMENT METHODS
SW Parts Lda. provides the following payment methods:
- Paypal
- Shop
- Apple Pay
- American Express
- Visa
- Mastercard
After the payment is completed, SW Parts Lda. will proceed with a standard check, to be able to process and ship the order. The Customer will be sent an e-mail confirming that the order has been paid for, as well as the corresponding invoice, also being informed of the foreseeable deadlines for dispatch and delivery of the products.
The e-mail confirmation contains all the essential data relating to the order, namely the list of products actually purchased, with a description of their essential characteristics, including those relating to the price including VAT. The order also have all the information about the shipping details, the costs and expected delivery time, the total cost of the order (with and without VAT) and the main information about the payment. Finally, the order will contain a summary of the Terms and Conditions, the Privacy Policy and the Seller's tax data (name, legal form, registered office, tax identification number and registration in the commercial register, and responsible person).
SHIPPING AND DELIVERY
The Seller sends the products to Portugal (Mainland and the Autonomous Regions of the Azores and Madeira) and Internationally by courier. Delivery will take place by express courier within 1-5 working days (or Monday to Friday) for Portugal, with the exception of the Autonomous Regions of the Azores and Madeira, where the delivery time may be longer, from receipt of the full payment of the order. In any event, the Seller reserves the right to deliver the products ordered within a maximum period of 30 days from receiving the full payment and then sending the email with the order confirmation. In the case of international shipping the Seller will use the shipping options selected by the customer.
The Seller undertakes to endeavour to comply with the delivery times indicated above, which, as they do not depend exclusively on the Seller, are merely indicative. The Seller cannot be held liable for any damage or inconvenience caused by any delays, and therefore the Customer shall not be entitled to compensation in such cases.
The cost of any shipping associated with an order varies based on the following parameters: the place of destination and the total weight of the products purchased in a single order, and will be indicated in the course of the order form procedure and in the order Confirmation.
The costs or calculation methods related to home delivery are made available to the User on the order summary page.
All costs include VAT at the legal rate in force.
The Customer must ensure that someone is present at the delivery address indicated on the order form on the date of delivery communicated by SW Parts Lda..
Upon the delivery of the product, the Customer must check if the number of packages delivered corresponds to the number indicated on the transport document and that the packaging is intact, undamaged, not wet or altered in any way, including the sealing materials (adhesive tape or metal straps). In the event of anomalies or damage, the claim must be made immediately to the carrier, refusing delivery or inserting the words "ACCEPTED WITH RESERVATION" on the goods receipt document presented by the carrier and promptly reporting the incident to Customer Service of the Seller. This is without prejudice to the application of other legislation in force regarding the exercise of the right free resolution and the legal guarantee.
AVAILABILITY OF PRODUCTS
All products and/or services available at the Website can be purchased, except in cases of stock shortage or limitation, as well as products made to order, whose availability may be variable. The products for sale are subject to existing stock and may become unavailable without notice, without prejudice to SW Parts Lda.'s best efforts to keep information on the availability of products on the Website up to date, the Website. The Seller cannot, under no circumstances, be held responsible for the temporary unavailability of one or more products.
If the product is no longer available after the purchase has been completed, SW Parts Lda. undertakes to contact the Customer by phone or email as soon as possible in order to expedite the process with the Customer.
Without prejudice to the conditions relating to the right free resolution (see section " Free Resolution"), in the case of an order for several products, by sending the order form, the Customer accepts that the order may be delivered in part, limited to the products available. If the Customer has already paid for the entire order, the Seller will refund the part corresponding to the unavailable products, in accordance with the refund method described (see the "Free Resolutino section). In the event of order cancellation, and without prejudice to the exercise of the right of withdrawal, the delivery costs will not be refunded to the Customer.
TAXES AND FEES
At Website prices are presented in EUR and include VAT according to the law in force.
ORDER CANCELLATION
The Customer may cancel an order placed while it is still being processed. The Customer is requested to inform SW Parts Lda. via the following e-mail contact: info@southracing.com.
If the cancellation request is made after the order has been shipped, the order will be forwarded for delivery and the Customer can choose to refuse to accept it. SW Parts Lda. is not responsible for possible delays in handling order cancellation.
SW Parts Lda. reserves the right not to process orders or refunds in cases of data inconsistency, fraud, or Customer misconduct, as well as for technical issues unrelated to SW Parts Lda..
FREE RESOLUTION
The Customer has the right to terminate the contract within 14 (fourteen) days from the date of conclusion of the contract.
If the Customer wishes to withdraw from the contract, they may do so by e-mailing info@southracing.com or by filling out the contact form available at SW Parts Lda..
By terminating the contract within the statutory period, in addition to returning the product, the Customer must return any offers accompanying the main product.
The Customer must return the product to the Seller within a maximum period of 14 days from the date on which the Customer communicates its decision to terminate the contract.
The product relating to the order in which the right of withdrawal is exercised must be sent to the Seller in a single shipment and in accordance with the original product. The Seller reserves the right not to accept returns of products in the following situations:
1. incomplete order or order shipped at different times;
2. use and/or opening, even partial, of the product and/or its packaging;
3. other damage to the product.
The Customer does not incur any liability for exercising the right of withdrawal but must keep the goods in such a way as to be able to return them to the Seller in the proper condition for use, and shall be liable for any damage or loss. The Customer shall only be liable for any diminution in the value of the goods resulting from any manipulation of the product other than that necessary to establish the nature, characteristics and functioning of the product itself.
Upon receipt of the product, the Seller will open a refund procedure if, and only if, the products have been shipped in accordance with the predefined terms, are perfectly intact, in their complete original packaging (product packaging without any damage, containing all ancillary documentation such as the warranty, manuals, etc.) and in a condition that is capable of being put up for sale.
The Seller reserves the right to withhold the refund until it has received the products to be refunded or if the Customer fails to provide proof that the products have been sent.
The Seller shall refund the amount paid within 14 days after receipt of the returned order accompanied by the purchase invoice, proof of payment and return form.
The refund will be made using the same payment method used by the Customer for the initial payment, unless expressly agreed and the Customer incurs no costs as a result of the refund.
Under the terms of the legislation in force, it is not permitted to exercise the right of free resolution with regard to products customized according to the Customer's requirements and indications, with regard to medical devices, as well as with regard to sealed goods that are not suitable to be returned for reasons of hygiene or health protection, as well as foodstuffs.
Any refund procedure will be processed as provided for in the legislation in force in Decree-Law No. 24/2014, de 14 de Fevereiro.
REFUND
The refund of the amount of the product(s), as well as the delivery costs, will be total within 14 days from the date we are informed of the decision of free resolution.
SW Parts Lda. is not obliged to refund additional return costs with a different, more expensive method of collection of the product(s) than the one presented by us.
In the event that the collection of the product(s) from the Customer is requested by SW Parts Lda., the refund process will be initiated upon proper acceptance of the product(s). The Customer will be notified by email regarding this process.
The refund will be made via the same payment method used by the Customer in the initial payment, unless expressly agreed and the Customer does not incur in any costs as a result of the refund.
If the Customer does not receive a refund within the indicated period, they should try to re-check their bank account. If they still do not confirm the deposit of the amount, they should also try to contact their bank manager. If they still have no feedback, they should try to contact the bank. After these steps, they can contact us at info@southracing.com.
EXCHANGES
An exchange is only accepted when the order is defective, incomplete, incorrect or with damages resulting from the delivery. If the Customer wishes to exchange an item, they must contact us by e-mail at the following address: info@southracing.com.
The article should be sent to the following address:
SW Parts Lda.
Estrada de Mourão, 26
2715-714 Montelavar
Portugal
GUARANTEES AND AFTER-SALES SERVICE
The essential characteristics of the products are indicated on the Website on the detail page of each product.
However, the images and colors of the products offered for sale may not correspond to the real ones due to the Internet browser and monitor used.
Without prejudice to the indications on the label and without prejudice to the right of free resolution the Customer may not submit any claim to the Seller if the product delivered does not match the image of the product presented on the Website in terms of colors/shape/size.
The Seller reserves the right to change the packaging of the product at any time.
All products sold on the Website are covered by the legal guarantee of conformity under the terms of Decree-Law no. 84/2021, of October 18 (which regulates consumer rights in the purchase and sale of digital goods, content and services and which transposed Directives (EU) 2019/771 and (EU) 2019/770).
The Seller is liable to the Customer for any defect existing at the time of delivery of the product that becomes apparent within three (3) years from the date the product was received. If the defect becomes apparent more than two (2) years after delivery of the product after purchase, the Customer must prove to the Seller that the defect or lack of conformity already existed when the product was delivered.
The Customer may request activation of the guarantee, via Website (contact section) or via Customer Service telephone number +351 219 673 045 within 60 (sixty) days of the date of receipt of the products (for obvious or visible non-conformities or defects) or the discovery of the non-conformity or defect (for non-obvious or hidden defects), specifying the reason "guarantee for non-conforming product", the order code and the reason for the claim.
The Seller reserves the right to request images/photos/videos in order to carry out a prior assessment.
The Seller reserves the right to ask the Customer to attach the order Confirmation and/or the Delivery Note, or any other document proving the date on which the purchase was made and the date of delivery, to the request to activate the Legal Guarantee of Conformity.
Without prejudice to the cases in which price reduction measures and termination of the contract apply, the Seller, after verifying compliance with the above, will inform the Customer of the procedures for repairing or replacing the product under warranty.
When necessary, the Seller will, at its expense, have the defective product collected by express courier, directly at the address indicated by the Customer. In this case, unless otherwise indicated by the Seller, the Customer must ensure that the product is complete and in a condition to be collected.
Upon receipt of the product, the Seller will assess the alleged non-conformity of the product and, in the event of a positive response, will repair or replace the goods at its expense, at the latest within 30 (thirty) days.
In the event of a negative response, the Seller must immediately inform the Customer that no replacement product will be sent and the reasons for its refusal.
In any event, and without prejudice to the applicable legislation, the Customer may, at his own expense, collect the product from the Seller within 30 (thirty) days of the communication of non-acceptance of the claim.
Unless otherwise provided by applicable law and without prejudice to the irrevocable rights of consumers, the Seller shall not be liable or obliged to compensate for any damage to property or non-pecuniary damage, including, but not limited to, loss of profits, loss of income, production limitations, administrative or personnel costs, loss of Customers or legal actions by third parties.
Any faults or malfunctions caused by accidental events or by the responsibility of the user, or by use of the product that does not comply with its intended use and/or with the product's instructions for use, and in cases where the products are not stored in suitable locations or are exposed to weather, dirt or contaminants, are excluded from the product's Guarantee of Conformity.
For products with digital elements, the Seller shall also not be liable for any malfunction, incompatibility or non-compliance that may occur as a result of the failure or untimely updating of the software used to operate the product to the latest version made available by the manufacturer.
COMPLAINTS
The Customer may submit a complaint regarding any issue, act, information or service provided concerning SW Parts Lda. through the email contact info@southracing.com or through the electronic Complaints Book available through the link: {link to complaint book}.
LIABILITY NOTICE
By creating and using the account at Website, the Customer is responsible for the account maintenance, confidentiality and all activity arising from it.
By creating the user account and placing orders, the Customer expressly and unequivocally accepts the Terms and Conditions in the current version.
SW Parts Lda. is not responsible for any information disclosed by third parties, technical failures or any other problems that prevent access and proper functioning of the online store.
SW Parts Lda. is not responsible for possible damages, directly or indirectly related to the use, or inability to use, the products and/or services made available, as well as for any delay or unforeseen in the delivery of orders.
PROCESSING OF PERSONAL DATA
Please check the Privacy and Cookies Policy.
APPLICABLE LAW – JURISDICTION – AND DISPUTE RESOLUTION
These Terms and Conditions are governed by Portuguese law, and the Portuguese Courts shall have jurisdiction to settle any dispute arising therefrom and/or from the supply of any order, with the court of the place of delivery of the product or of the Seller's registered office having territorial jurisdiction.
SW Parts Lda. informs that a European platform for the online resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; Through the ODR platform, consumers can consult the list of ODR entities, find the link to the website of each of them and start an online dispute resolution procedure for the dispute in which they are involved.
The Customer may also resort to the following alternative dispute resolution organizations:
- CNIACC - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo, Tel.: 213 847 484; E-mail: cniacc@fd.unl.pt
- CIMAAL - Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve, Tel.: 289 823 135; E-mail: cimaal@mail.telepac.pt; info@consumoalgarve.pt
- Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra, Tel.: 239 821 690/289. E-mail: geral@centrodearbitragemdecoimbra.com
- Centro de Arbitragem de Conflitos de Consumo de Lisboa Tel.: 218807030. E-mail: juridico@centroarbitragemlisboa.pt; director@centroarbitragemlisboa.pt
- Centro de Informação de Consumo e Arbitragem do Porto, Tel.: 225 508 349 / 225 029 791; E-mail: cicap@mail.telepac.pt
- Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral, Tel.: 253 422 410; E-mail: triave@gmail.com
- Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo), Tel.: 253 617 604; E-mail: geral@ciab.pt
- Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira, Tel.: 291 215 070; E-mail: centroarbitragem.srias@madeira.gov.pt.
