1. Scope and Purpose of the General Conditions of the Store
These General Conditions are intended, together with the order form and other elements referred to in them, to regulate the terms and conditions under which the Online Shop Service UNDERGROUND DIVISION will be provided, headquartered in Zona Industrial de Vila Verde, Rua H, Lote 15, under the single registration and taxpayer identification number 510033245, with a share capital of EUR 5,000.00.
The Service consists of providing, through the address WWW.UNDERGROUNDDIVISION.COM, access to the Online Shop that, in addition to providing information on a range of products and/or services, allows the User, electronically, to order the products disclosed therein, under the terms and conditions described herein.
The order of products must be made by Users with age equal to or greater than 18 (eighteen) years (individuals under this age must have the authorization of their representatives). The elements and information transmitted by the User will enjoy full legal effect, recognizing the User electronic purchases, not being able to allege the lack of signature for breach of obligations undertaken.
2. Product Information and Contents
UNDERGROUND DIVISION will make every effort to ensure that the information presented is free of typographical errors, which will be quickly corrected whenever they occur. If you purchase a product that has different characteristics to those presented online, you have the right to proceed to rescind the purchase contract under the legal terms applicable (right of free resolution – see point 9).
UNDERGROUND DIVISION will do its best to deliver all the products ordered, but it is possible that in certain cases and due to reasons difficult to control by UNDERGROUND DIVISION, such as human error or computer system failure, it may not be possible to deliver any of the products ordered by the User. If any product is not available after you have placed your order, you will be advised by email or telephone. At that moment you will be presented with the possibility of cancelling the order with the respective reimbursement, if you have already made the respective payment.
All information on prices, products, specifications, promotional activities and services may be changed at any time by UNDERGROUND DIVISION.
3. Responsibilities
3.1 All products and services sold in the Online Shop UNDERGROUND DIVISION are in accordance with Portuguese Law.
3. 2 The Store has adequate levels of security, however UNDERGROUND DIVISION will not be liable for any damages suffered by the User and/or third parties as a result of delays, interruptions, errors and suspensions of communications originating from factors beyond its control, including, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or arising from the downloading (“downloading”) through the service of files infected with or containing viruses or other properties that may affect the User’s equipment. If, for any reason, it is impossible to access the website of the UNDERGROUND DIVISION Online Shop due to an access error, UNDERGROUND DIVISION shall not be liable for any damages.
3.3 Data and information queries made within the framework of this service are assumed to have been made by the user and UNDERGROUND DIVISION declines any liability arising from fraudulent or abusive use of the information obtained.
3.4 UNDERGROUND DIVISION will not be liable for any losses or damages caused by abusive use of the Service that are not directly attributable to it as intentional or grossly negligent.
3. 5 UNDERGROUND DIVISION shall not be liable for any loss or damage arising from any failure to perform, or defective performance of, the Service when not directly or indirectly attributable to it by way of willful misconduct or gross negligence and shall not be liable in particular for (i) errors, omissions or other inaccuracies regarding the information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) the non-compliance or defective performance resulting from compliance with court orders or administrative authorities or (iv) the non-compliance or defective performance resulting from the occurrence of situations of force majeure, i.e. situations of an extraordinary or unforeseeable nature, outside the UNDERGROUND DIVISION and that cannot be controlled by the UNDERGROUND DIVISION, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by the UNDERGROUND DIVISION that prevent or impair the performance of the obligations undertaken.
3.6. UNDERGROUND DIVISION does not warrant that:
(i) the Service will be provided uninterruptedly, will be secure, error-free or will function infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets any expectations you may have of it;
iii) any material obtained in any way through the use of the Service is used at your sole risk and you will be solely responsible for any damage to your computer system and equipment or loss of data that results
iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty that is not expressed in these General Conditions.
3.7. The User agrees that UNDERGROUND DIVISION cannot in any way be held liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if it has been previously advised by the User of the possibility of such damages), resulting from:
(i) the use or inability to use the Service;
ii) the difficulty in obtaining any substitute goods/services;
iii) the unauthorized access or modification to personal databases.
4. Obligations of the Consumer
4.1. The user undertakes to:
(i) provide correct personal data and addresses;
ii) Not to use false identities;
iii) Respect the order limits imposed.
4.2 Should any of the information provided be incorrect or insufficient, and as a result, the order will be delayed or impossible to be processed or delivery will not be possible, the User will be liable for this and UNDERGROUND DIVISION will not accept any liability. In the event that the consumer violates any of these obligations, UNDERGROUND DIVISION reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided simultaneously by UNDERGROUND DIVISION to the same user and, furthermore, not allow future access of the user to any of the services provided by UNDERGROUND DIVISION.
4.3 It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purpose of resale of goods unless it is a certified and registered company.
5. Privacy and Personal Data Protection
You can see in the link Privacy Policy
6. Cancellation of orders
6.1 At the request of the User
The User can cancel an order by request to UNDERGROUND DIVISION by telephone or e-mail quoting the order number, which will only be accepted if the order has not yet been processed. After processing, UNDERGROUND DIVISION will attempt to deliver the same, but the User has the option not to accept it, however, the money will not be returned.
For the purpose of cancellation, the User must provide the following information to UNDERGROUND DIVISION:
a) Order number
b) your VAT number and delivery address
6.2 By decision of UNDERGROUND DIVISION
The UNDERGROUND DIVISION reserves the right not to process orders when it verifies any inconsistency in the personal data submitted or observes misconduct by the buyer. The UNDERGROUND DIVISION reserves the right not to process any order or refund in case of errors in the values and/or characteristics of the products, when these result from technical problems or errors alien to the UNDERGROUND DIVISION.
7. Return (Right of Withdrawal)
7.1. The User, in the case of being a consumer, can exercise the right of resolution without being required to pay any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good, however we do not accept any type of return of material that is manufactured/customized/personalized by us, as for example hybrid and adapted turbo, exhaust systems manufactured by the Underground Division and other parts of our own manufacture that are made to order.
To exercise this right, the User may use the form indicated below, indicating all his identification data, the subscribed service he wishes to terminate and the subscription date. The communication must be made, by letter, by returning the purchased good, or by any other appropriate and provable means within the period defined above.
The consumer must, within 14 (fourteen) days from the date of the communication of withdrawal, return the goods to UNDERGROUND DIVISION in a usable condition.
Minute for free withdrawal form (you must complete and return this form only if you wish to withdraw from the contract)
– To UNDERGROUND DIVISION, Zona Insdustrial de Vila Verde, Rua H, Lote 15. Email; info@undergrounddivision.com:
– I/we hereby communicate (*) that I/we hereby terminate (*) my/our (*) contract of purchase and sale relating to the following good/for the provision of the following service (*) – Requested on (*)/received on (*) –
Name of consumer(s) – Address of consumer(s) – Signature of consumer(s) (only if this form is notified on paper) (*)
The packaging should be returned complete, as delivered, and accompanied by all the documentation received, namely the following documents: sales invoice and the document proving receipt of the product. The package and the documents indicated should be sent free of charge to the following address:
UNDERGROUND DIVISION
ZONA INDUSTRIAL DE VILA VERDE, RUA H, LOTE 15
3770-305 OLIVEIRA DO BAIRRO
PORTUGAL
If the User opts for other forms of return, the respective costs with postage will be of his responsibility.
7.2 Upon receipt of the return at UNDERGROUND DIVISION, the User will be refunded the amount corresponding to the amount paid for the order (sales invoice value). If you have used a promotional discount code, this amount will not be refunded, i.e. the refund will only be for the amount actually paid.
7.3 The method of refund depends on the payment method used for the respective order. In the case of credit card and PayPal payments, these are credited to the respective accounts. In all other cases, when the IBAN information is provided, the refund is made to the bank account indicated. Otherwise, the refund is made by check to the billing address. The refund is made up to 14 days after receipt of the free will and receipt of the return of the goods.
7.4 In the absence of any of the components of the item sold or if any of them is not in excellent condition, there will be no refund of the price or shipping costs, and the product will be sent back to the original shipping address.
8. Manufacturing Defect
8.1 In the event of a “manufacturing defect”, i.e. when faults are detected in products which, in principle, do not fall within the scope of the respective guarantee, the User must return the equipment, together with a copy of the invoice and the completed “Exchange Request / Equipment Return” form, within a maximum of 30 consecutive days from the date of the invoice, to the following address
UNDERGROUND DIVISION
INDUSTRIAL ZONE OF VILA VERDE, STREET H, LOT 15
3770-305 OLIVEIRA DO BAIRRO
PORTUGAL
If the User chooses other forms of devolution, the respective costs with postage will be of its responsibility.
8.2 In order to exchange the product, the User must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories) containing all components that constitute it, in excellent condition.
8.3 If any of the aforementioned elements are missing, or if any of the components are not in excellent condition, there will be no exchange, and the product will be sent back to the User.
9. Warranty
9.1 All the equipment available in the Store is duly certified by the competent international entities.
9.2 The equipment and accessories have a guarantee period defined by the manufacturer, which under legal terms is at least 2 (two) years. This period is considered from the date of invoice of the equipment and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) duly filled.
9.3 Equipment that has exceeded the period defined by the manufacturer or presents defects caused by abnormal wear and tear, improper installation, bad weather, electrical discharges, negligence or accidents, mishandling, infiltration of moisture/liquid, use of non-original accessories and technical interventions by unauthorised personnel are considered out of warranty conditions.
9.4 The accessories covered by the warranty, if defective, should be sent, with the respective proof of purchase and/or warranty, to the following address:
UNDERGROUND DIVISION
INDUSTRIAL ZONE OF VILA VERDE, STREET H, LOT 15
3770-305 OLIVEIRA DO BAIRRO
PORTUGAL
If the User chooses other forms of devolution, the respective costs with postage will be of its responsibility. The User should always request the receipt from the carrier that proves the order was sent.
10. Intellectual Property
10.1 The Store is a registered site and the Service provided by the site itself is the responsibility of UNDERGROUND DIVISION.
10.2 The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
10.3 The User acknowledges that any content that appears in advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws relating to copyright and related rights, the laws relating to industrial property and other laws for the protection of property, so that any use of such content may only occur under the express authorization of the respective owners.
10.4 The User undertakes to fully respect the rights referred to in the preceding paragraph, in particular by refraining from any acts that may violate the law or these rights, such as the reproduction, marketing, transmission or making available to the public of such content or any other unauthorized acts that have the same object.
11. Conditions of Security of the Service
11.1 The User undertakes to comply with all applicable legal provisions, in particular, to refrain from committing or encouraging the commission of any illegal or immoral acts, such as sending unsolicited communications (spamming) in violation of the provisions of applicable legislation on the processing of personal data and advertising communications via automatic calling machines, and must comply with the rules for use of the Service, failing which UNDERGROUND DIVISION may suspend or disable the Service as set forth in section 14.
11.2 The User expressly acknowledges and accepts that the IP Network is a public electronic communications network that can be used by multiple users and as such is subject to overload and UNDERGROUND DIVISION does not guarantee the provision of the Service without interruption, loss of information or delay.
11.3 Nor does the UNDERGROUND DIVISION guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or in situations of force majeure (extraordinary or unforeseeable situations outside of the UNDERGROUND DIVISION and that cannot be controlled by the UNDERGROUND DIVISION).
11.4 In the event of interruption of the Service due to an unforeseeable overload of the systems on which it is based, UNDERGROUND DIVISION agrees to regularize its operation as soon as possible.
12. Suspension and deactivation of the Shop Service
12.1 Regardless of any prior or subsequent notice, UNDERGROUND DIVISION may at any time, at its sole discretion, discontinue providing the Service and or part of the Service to any or all Users.
12.2 UNDERGROUND DIVISION also reserves the right to immediately suspend or terminate access to the Service in the following cases:
(a) When the User fails to observe the conditions of use referred to in paragraph 4 and others referred to in the General Conditions;
b) When UNDERGROUND DIVISION terminates access to the Shop, with prior notice of 15 days before the date of termination.
12.3 The suspension or termination of the Service by UNDERGROUND DIVISION, under the terms of the preceding paragraphs, does not imply the right of the User or third parties to any compensation or other compensation, and UNDERGROUND DIVISION may not be held liable or in any way burdened, for any consequence resulting from suspension, cancellation, cancellation of the Service.
12.4 In the situations described above, UNDERGROUND DIVISION will notify the User in advance so that the User may, if desired, safeguard the contents of their viewing area of orders within 3 (three) working days from the sending of the email or availability of information on the main page of the Service.
13. Communications
13.1 Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any amendments to these General Conditions, may be made to the User’s email address, by SMS or telephone contact.
13.2 The User agrees to receive any and all communications and/or notifications related to the Online Store to the address, contact phone number and/or email address indicated during the order process.
At any time, you can request not to receive these communications and/or notifications through the Contact Form or by clicking on the option “Do not receive the Newsletter” included in each Newsletter.
14. Technical Settings
14.1 Without prejudice to the following paragraph, UNDERGROUND DIVISION may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and shall inform the User of such changes at least 15 (fifteen) days in advance.
14.2. The current version of these General Conditions and its annexes is available on the website WWW.UNDERGROUNDDIVISION.COM
15. Communications
15.1 Whenever UNDERGROUND DIVISION deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.
15.2 Notwithstanding the provisions of the following paragraphs, and taking into account the innovative nature of the Service and the technological developments to which it may be subject, the UNDERGROUND DIVISION may change the technical settings of the same whenever it is deemed convenient to adapt to possible technological developments.
15.3 However, UNDERGROUND DIVISION does not guarantee that the User will receive any upgrades or improvements to the Service.
15.4 Some upgrades or new features of the Service may only be available against payment by the User and/or the User’s subscription to the Specific Terms of Use.
16. Complaints
16.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to the UNDERGROUND DIVISION of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
16.2. The complaint must be filed within a maximum period of 30 (thirty) days, counting from the knowledge of the facts by the User, being registered in the information systems of UNDERGROUND DIVISION that shall decide the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of its receipt.
Applicable Law
The Contract is governed by Portuguese law.
