TERMS & CONDITIONS
This page contains the general terms and conditions governing the use of the website https://ergomotionplus.com. Navigation on this website implies acceptance of all the provisions contained in this page. All purchases made on this website are governed by these conditions and other instructions of use contained in the site. All Users are invited to read these general conditions carefully.
1. OWNERSHIP OF THE ONLINE SHOP
You are reading these Terms and Conditions because you are using a website, digital experience, social networking platform, mobile application, or other product or service that is part of the Ergomotion platform. The legal entity responsible for distributing the Ergomotion® and the people who use the https://ergomotionplus.com website, hereinafter referred to as "the User". The use of the website attributes the condition of User, by which the User adheres fully and without reserves to each and every one of the general conditions published on this website at the exact moment they access the website. The User should read these general conditions carefully. Ergomotion® reserves the right to modify these conditions of use and contracting without notice, as well as to modify the information and commercial offer presented on products, prices, photographs, promotions, commercial conditions and services at any time. Any modification made will enter into force on the date of its publication.
This site is the responsibility of Ergomotion, Unipessoal Lda., a limited liability company incorporated under the laws of Portugal, having the Portuguese legal entity and taxpayer number 516906453, with registered office in Avenida 5 de Outubro, 16 – 1st floor right, 1050-056, Lisbon.
2. PURPOSE AND SCOPE OF APPLICATION
The navigation on the site, as well as the purchase of any product at https://ergomotionplus.com implies the acceptance of these general conditions of use and contracting.
The conditions set out here are agreed between Ergomotion® and the people who use the https://ergomotionplus.com website, hereinafter referred to as "the User". The use of the website attributes the condition of User, by which the User adheres fully and without reserves to each and every one of the general conditions published on this website at the exact moment they access the website. The User should read these general conditions carefully.
Ergomotion® reserves the right to modify these conditions of use and contracting without notice, as well as to modify the information and commercial offer presented on products, prices, photographs, promotions, commercial conditions and services at any time. Any modification made will enter into force on the date of its publication.
3.OBLIGATIONS OF CUSTOMERS AND USERS
Any visitor to the https://ergomotionplus.com website undertakes to respect and comply with these general conditions, in particular by observing the following obligations:
- Keeping and not disclosing their password for logging in on the site to prevent third-party access to their account and personal data;
- Not making use of false identities;
- Providing their correct personal data and addresses so that Ergomotion® can process orders appropriately;
The User is the sole responsible for the veracity of the personal data communicated to Ergomotion® and undertakes to immediately insert and report any change through their https://ergomotionplus.com registered account. Ergomotion® disclaims any liability for eventual delays or impossibility to process an order due to error or insufficiency of the data communicated by the User, in particular on delivery. It is expressly prohibited to use the website for illegal purposes or any other purposes that may be considered unworthy of Ergomotion® image. The usurpation, counterfeiting, exploitation of the usurped or counterfeited content, illegitimate identification and unfair competition are criminally punishable. It is also forbidden for the User to create or introduce in this website any type of viruses, worms, Trojans, scripts, or any other code or program that contains destructive or harmful properties, or advise third parties to do so.
4. PLACING AN ONLINE ORDER
4.1 SHOPPING
These terms and conditions govern the relationship between Ergomotion® and the User, with respect to acquisitions of products made through this website. The customer can browse the website, but they must fulfill the necessary requirements to enter into legally binding contracts, according to European law, to be able to access the sales service. They must have a valid email address, an address for delivery of the order and a bank account to allow the fulfilment of the purchase, through the payment of the order. The User must fill in all necessary data and accept the terms and conditions to make an order. The User may change all the data associated with their request at any time, until the order is finalised. Ergomotion reserves the right to accept an order. The decision is made at the discretion of Ergomotion. If the order is not executed, we will inform the User as soon as possible. The confirmation of the reception of the order does not constitute a purchase contract, serving only as proof that the order was received by Ergomotion®.
4.2 DELIVERY AND METHOD OF PAYMENT
Your orders will be processed up to 24 hours (on business days) after the payment is finalised, and delivery should occur within the following three working days.
You can make your payment on the website https://ergomotionplus.com using the available payment methods in your country. Check the list here.
4.3 PRICES AND SHIPPING COSTS
Except in case of obvious error, the price of the products shall be as indicated on our website at each moment. Even if Ergomotion® seeks to ensure that all prices indicated on the website are correct, errors may occur. If Ergomotion® finds that the price of a product included in an order is wrong, we will inform the User as soon as possible, giving them the choice between confirming the order again at the correct price or opting for the respective cancellation. Prices appear with VAT included. VAT rates apply according to the destination country of the order.
4.4 PRODUCTS
Ergomotion will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. Ergomotion® will do its utmost to ship all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by Ergomotion®, such as human errors or incidents in computer systems, it is not possible to provide any or all of the products requested by the User. If any product is not available after placing the order, you will be notified by email or telephone. At that moment you will be presented with the possibility of canceling the order with the respective refund, if you have already made the respective payment. All information about prices, products, specifications, promotional actions and services may be changed at any time by Ergomotion®, without any prior notice.
5. QUALITY ASSURANCE. CANCELLATION AND RETURNS
Ergomotion® guarantees total customer satisfaction when purchasing products purchased at https://ergomotionplus.com. If the customer is not satisfied with their purchase, they must access their personal area on the website, in the orders section, select the order they wish to cancel/return and click on the return button. Alternatively, the User can send an email to support@ergomotionplus.com, specifying the order number, value and reason for return. The User may request their right to a free withdrawal within 14 days after receiving the goods, without the need to indicate any reason, and may return the products to Ergomotion and receive a refund of the value of the products. The period for exercising the right of withdrawal expires 14 days from the day following the day on which you receive and acquire physical possession of the ordered goods. In order for the free withdrawal period to be respected, it is enough that your communication regarding the exercise of this right is sent/communicated before the end of the withdrawal period. We make the refund using the same payment method used in the purchase. Some products may be eligible for a trial period. Within the trial period, the User has the right to request the return of the product within an extended period of time. This period of time is determined and always visible in the product page and may vary among products. Absence of information regarding trial period from the product page, excludes the product from having trial nights benefits.
The delivery fees of the item(s) to be returned are to be undertaken by the User and are determined in the delivery and returns section of the webpage. Due to the nature of the products, Ergomotion® has the right to determine the means by which the physical return of the product will be carried out.
6. SECURITY OF THE ONLINE STORE AND ALL TRANSACTIONS
6.1 USE AND RISKS
Neither Ergomotion® nor any other party involved in the creation, production, maintenance or implementation of the website shall be liable for any damages or damages arising from civil liability (including, but not limited to, consequential damages, lost profits and moral damages, caused directly or indirectly), arising as a result of the correct or incorrect use of the website and its contents by the User, access to the User's computer and computer system by third parties, viruses, etc. Despite being committed to the security of its website and putting in place technical, physical, and logical protection measures, adequate to guarantee its protection, Ergomotion® does not guarantee or represent that the files available for download on the website are free of viruses, worms, trojans, scripts or any other code or program that contains destructive or harmful properties. The information on the website must be seen in its informative aspect. Despite the best efforts of Ergomotion® to keep the contents up-to-date and trustworthy, they may contain inaccuracies, typographical errors or be out of date, and may be changed at any time without Ergomotion® having the obligation to notify in advance.
6.2 HYPERLINKS
To facilitate its accessibility, Ergomotion® may include links to other websites on the Internet. When using links to such websites, you must review and accept the rules of that website before using it. We cannot guarantee their quality, nor do we assume any responsibility for the content or other functionalities of these websites.
7. PRIVACY AND PERSONAL DATA PROTECTION POLICY
Ergomotion® guarantees the protection of all data provided by Users. Your data will only be used in accordance with the GDPR – General Data Protection Regulation and complementary legislation. You can consult our privacy policy on our website here. The personal data identified in the order form as being of mandatory supply are essential for the provision of the Service by Ergomotion®. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may give rise to the refusal to provide the service by Ergomotion®. The User's personal data will be processed and stored by computer and are intended to be used by Ergomotion in the context of the contractual and/or commercial relationship with the User. They will also be used, if the User accepts, for the marketing and communication of our products. Under applicable law, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly on their personal area or upon written request, as well as the right to object to their use for the purposes provided for in the previous number, and for this purpose, contact the entity responsible for the processing of personal data by email to GDPR@ergomotion.com. The Internet is an open network, so the User's personal data, other personal information and all content hosted on the service may circulate on the network without security conditions, even running the risk of being accessible and used by unauthorised third parties for effect, and Ergomotion® cannot be held responsible for such access and/or use.
8. GOVERNING LAW AND COMPETENT COURT
These terms and conditions will be subject to the laws of Portugal. The parties irrevocably agree that the courts of Portugal shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms.