Terms and Conditions of Online Sales – New Wave

1. General Provisions

1.1. These Terms and Conditions govern the access to and use of the website www.newave.pt (hereinafter referred to as the "Website") and the purchase and sale of products through it, entered into between New Wave, with its registered office at Rua Sub Vila 31, 2450-266 Nazaré, Portugal, and the Customer (any natural or legal person who uses the Website or purchases products through it).

1.2. By accessing and using the Website, as well as by placing any order, the Customer declares to have read, understood, and accepted, without reservation, these Terms and Conditions.

1.3. New Wave reserves the right to amend these Terms and Conditions at any time and without prior notice, with the changes being published on the Website. The changes will not affect orders already placed and confirmed.

2. Product Information

2.1. New Wave presents on its Website the products available for sale, with their respective descriptions, technical characteristics, images, and prices.

2.2. The product images are for illustrative purposes only and may not exactly correspond to the actual product.

2.3. New Wave reserves the right to change the information and prices of the products presented on the Website at any time and without prior notice.

2.4. In the event of an error in the indicated price of a product, and if the order has already been placed, New Wave will inform the Customer as soon as possible, giving them the option to confirm the order with the correct price or to cancel the order with a refund of the amount paid.

3. Ordering Process

3.1. To place an order, the Customer must follow the steps indicated on the Website, selecting the products they wish to purchase and adding them to the shopping cart.

3.2. Before finalizing the order, the Customer should verify the summary of their order, including the selected products, the total price (including applicable taxes and fees), and the shipping costs. The Customer may modify their order before confirming it.

3.3. By confirming the order, the Customer declares to fully accept these Terms and Conditions and undertakes to pay for the products and shipping costs.

3.4. New Wave will send the Customer an order confirmation email with the details of the order. This email does not constitute acceptance of the order but only confirms its receipt.

3.5. The order will only be considered accepted by New Wave upon confirmation of payment and shipment of the products. New Wave will inform the Customer by email of the shipment of the order.

4. Prices and Payment

4.1. The prices of the products presented on the Website are indicated in Euros (€) and include Value Added Tax (VAT) at the legal rate in force.

4.2. Shipping costs are calculated based on the destination of the order and the weight/volume of the products, and are indicated separately before the order is finalized.

4.3. Payment for orders may be made through the payment methods available on the Website, namely [insert accepted payment methods, e.g., Multibanco reference, MB WAY, credit card, PayPal, etc.].

4.4. New Wave reserves the right to suspend or cancel any order in case of non-payment or suspicion of fraud.

5. Shipping and Delivery

5.1. New Wave will ship the products to the address indicated by the Customer during the ordering process.

5.2. The delivery times indicated on the Website are merely indicative and may vary depending on the destination and other factors beyond the control of New Wave.

5.3. New Wave will inform the Customer by email of the estimated delivery date and will provide a tracking code for the order whenever possible.

5.4. Upon delivery, the Customer must check the condition of the packaging and the products. In case of damage or non-conformity, the Customer must mention the occurrence on the transport document and contact New Wave within a maximum of [insert period, e.g., 14] days from the date of delivery.

6. Right of Free Withdrawal

6.1. Under the terms of Decree-Law No. 24/2014, of February 14, the Customer has the right to withdraw from the purchase and sale agreement within 14 days from the day on which the Customer or a third party indicated by the Customer, other than the carrier, acquires physical possession of the goods.  

6.2. To exercise the right of free withdrawal, the Customer must notify New Wave of their decision to withdraw from the contract by means of an unequivocal statement (e.g., by letter sent by post, fax, or email) to the following contacts:

* Address: Rua Sub Vila 31, 2450-266 Nazaré, Portugal
* Email: geral@newave.pt

6.3. The Customer may use the model withdrawal form available on the Website, although this is not mandatory.

6.4. In the event of withdrawal from the contract, New Wave will reimburse the Customer for all payments made, including delivery costs (with the exception of supplementary costs resulting from the Customer's choice of a delivery method other than the least expensive standard delivery offered by New Wave), without undue delay and, in any event, no later than 14 days from the date on which New Wave is informed of the Customer's decision to withdraw from the contract.  

6.5. The refund will be made using the same means of payment used by the Customer in the initial transaction, unless expressly agreed otherwise. The Customer will not incur any fees as a result of the refund.

6.6. The Customer must return the goods to New Wave without undue delay and no later than 14 days from the date on which they communicated their decision to withdraw from the contract. The deadline is met if the Customer sends back the goods before the period of 14 days has expired.  

6.7. The direct costs of returning the goods will be borne by the Customer, unless New Wave has offered to collect the goods.

6.8. The Customer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.  

7. Warranty of Consumer Goods

7.1. Consumer goods sold by New Wave benefit from the legal guarantee of conformity, under the terms of Decree-Law No. 84/2021, of October 21.

7.2. In the event of a lack of conformity of the goods, the Customer is entitled, without charge, to have the conformity restored by repair or replacement, to an appropriate reduction of the price, or to the termination of the contract, under the terms of the law.

7.3. The deadline for reporting the lack of conformity is two years from the date of delivery of the goods.

8. Intellectual Property

8.1. All content present on the Website (texts, images, videos, logos, trademarks, etc.) is the exclusive property of New Wave or third parties who have authorized its use, and is protected by intellectual property laws.

8.2. The reproduction, distribution, public communication, transformation, or any other form of use, total or partial, of the Website's content without the prior written authorization of New Wave is expressly prohibited.

9. Personal Data Protection

9.1. New Wave collects and processes the personal data of its Customers in accordance with its Privacy Policy, available on the Website.

9.2. By using the Website and placing orders, the Customer consents to the processing of their personal data under the terms of the aforementioned Privacy Policy.

10. Dispute Resolution

10.1. In the event of a consumer dispute, the Customer may resort to an alternative dispute resolution (ADR) entity. The list of available ADR entities can be consulted on the website of the Directorate-General for Consumer Affairs ([insert link to the DGC website, if applicable]).

10.2. Without prejudice to resorting to ADR entities, the Customer has the right to appeal to the competent judicial courts.

11. Applicable Law and Jurisdiction

11.1. These Terms and Conditions are governed by Portuguese law.

11.2. For the resolution of any disputes arising from the interpretation or application of these Terms and Conditions, the jurisdiction of the district of Leiria shall be competent, with express waiver of any other.

12. Contacts

12.1. For any questions or complaints, the Customer may contact New Wave through the following means:

* Address: Rua Sub Vila 31, 2450-266 Nazaré, Portugal
* Email: geral@newave.pt
* Telephone: 262560062