Términos & Condiciones
0. Our Data
0.1. These Terms and Conditions govern the sale, including registration, ordering, and access to Navywaii products, offered by Marcelo Isaque da Silva Soares, tax identification number PT250152568, based at Rua S. Cláudio de Barco, 161, 4805-015, Guimarães, Portugal. For contact, please call +351 917 242 387 (national mobile network rates apply) or visit www.navywaii.com.
For the purposes of these Terms and Conditions, the following definitions apply:
- "Navywaii" - Products sold by NAVYWAII BEACHWEAR through the website www.navywaii.com;
- "User" - Any individual, not acting as a trader, who places an order through www.navywaii.com.
1. Introduction
1.1. These Terms and Conditions set out the rules and obligations for accessing and using the website www.navywaii.com, as well as for purchasing products through it (hereinafter referred to as the "Conditions").
1.2. It is the User's responsibility to read the Conditions in force at the time of using the website or entering into a contract, as they may be amended at any time without prior notice.
1.3. The website www.navywaii.com may contain links to other pages, and therefore, these Conditions do not apply to Third-Party websites. For this reason, if the User visits another website redirected from ours, they should read and adhere to the respective Terms and Conditions and Privacy Policy.
2. User Personal Data
2.1. Please carefully read our Privacy Policy, where we explain which personal data is collected and how it is processed. Using the website www.navywaii.com and purchasing products through it implies the User's knowledge, understanding, and acceptance of these Terms and Conditions. If you do not agree with all the conditions and privacy policies, you should not use this website.
3. User Registration
3.1. By using the services of the website, the User agrees that all information provided is true, accurate, and complete, ensuring that this information will be updated whenever necessary. If any information provided is incorrect, Navywaii is relieved of any contractual obligations
3.2. The User may revoke their registration on the website, in which case their data, along with the email address and password used to access the restricted User area on the www.navywaii.com. domain, will be deleted. To do so, the User must submit a request via the following email address: help@navywaii.com.
3.3. By placing an order through this website, the User declares that they are over 18 years of age and have the legal capacity to enter into contracts.
3.4. If the User does not wish to register, they can, at any time, make the desired purchase as a guest, without the need to create a User profile, by providing the essential information required for the transaction.
3.5. As a condition of use permitted by these Terms and Conditions, the User agrees not to act against good morals and to comply with all applicable legal provisions, making correct and appropriate use of the website, strictly adhering to the terms they have read, understood, and fully accepted without any reservations.
4. Conclusion of the Contract
4.1. In order to place an order on www.navywaii.com, the User must have an email account and ensure their browser is configured to accept cookies and pop-ups, which will allow them to fully enjoy all the browsing conditions of the online store.
4.2. By proceeding with their order, the User is entering into a purchase and sale agreement with Navywaii (hereinafter referred to as the "Contract"), accepting the terms and conditions of purchase and privacy policy.
4.3. After placing the order, the User will receive a confirmation email along with the payment method details.
4.4. After payment, the order will be delivered by the logistics operator to the delivery address provided during the purchase process, along with the corresponding detailed invoice.
5. Product Availability
5.1. All product orders are subject to availability. In this regard, if there are any difficulties in supplying products or if an item is out of stock, we will immediately inform you of the unavailability and refund any amount you may have paid within 30 days.
5.2. The items displayed on this website are available for delivery worldwide.
6. Price
6.1. The price of each product will be as stated on our website at any given time. Prices do not include shipping costs, which will be added to the total amount due during the checkout process.
6.2. All purchases made through this website are subject to the applicable Value Added Tax (VAT) rate in Portugal.
6.3. If we detect an error in the price of any ordered product, we will inform you as soon as possible and give you the option to either reconfirm the order at the correct price or cancel it. If we are unable to contact you, the order will be canceled, and you will receive a full refund. If any pricing error is found in the ordered products, either Navywaii or the User may cancel the order before it is dispatched.
6.4. Product prices displayed on the website are subject to change. We reserve the right to modify prices without prior notice, but the prices displayed at the time of purchase will apply to that transaction. These changes will not affect orders for which we have already sent an Order Confirmation.
6.5. All prices are quoted in euros (€). Please note that the delivery country may influence pricing due to different transportation costs. Any customs duties related to the delivery country will be borne by the customer.
6.6. If your bank account is in a different currency, the exchange rate applied to debit your account will be automatically determined by your bank or PayPal and not by Navywaii.
7. Payment Methods
7.1. When completing an order, the User can choose from the following payment methods: PayPal, MB WAY (euPago), Multibanco (euPago), Klarna, Debit Cards, and Credit Cards (Visa, Mastercard, American Express, Affinity Card) via Shopify’s payment provider.
7.2. No payment methods other than those mentioned above will be accepted. The User must not attempt to make a payment using any method not specified in the accepted payment options. If they do, we cannot be held responsible for any loss of payment or any other damages that may result.
8. Shipping Costs
8.1. All orders will have an associated shipping cost. For Europe and the rest of the world, orders may be subject to customs fees, depending on the destination country.
8.2. Price List:
- Portugal: 4,50€;
- Portugal Islands: 10€;
- Spain: 6,50€;
- Spain Islands: 10€;
- Europe: 15€;
- United States of America: 30€;
- Rest the World: 30€.
Shipping costs will be calculated at checkout. Please note that shipments to non-EU countries do not include customs costs/fees. Contact customer support if you have any questions.
9. Delivery
9.1. Without prejudice to the provisions of Section 5 regarding product availability, and unless extraordinary circumstances occur, we will attempt to deliver the order within an estimated timeframe of 2-3 business days for Portugal and Spain, and 3-8 business days for other European Union countries or other continents, after payment has been received.
9.2. Notwithstanding the previous clause, delays may occur due to reasons beyond our control. If delivery cannot be made on the expected date, we will inform you of the situation, and you may exercise your rights in accordance with applicable law.
9.3. Deliveries are made exclusively from Monday to Friday. Navywaii has partnered with MRW for shipments within Portugal and Spain. For deliveries to other European Union countries or other continents, shipments will be handled by CTT or MRW, depending on the destination.
9.4. All items are delivered in secure packaging. If you notice any external damage to the product’s packaging, you should report it to the carrier at the time of delivery and also note the damage on the delivery receipt. Additionally, you should contact our customer support at the following email: help@navywaii.com.
9.5. The delivery is considered completed once the delivery receipt is signed at the agreed address.
10. Exchange and Return Policy
10.1. Right of Contract Withdrawal.
10.2. In accordance with legally established consumer rights, the customer has the right to withdraw from the contract within 14 days, as stipulated in Decree-Law No. 24/2014.
10.3. To exercise the right of contract withdrawal, the customer must, before the withdrawal period expires, complete the Contract Withdrawal Form in PT, Contract Withdrawal Form in EN or contact us via email at help@navywaii.com or through social media (Facebook and Instagram).
10.4. If the customer withdraws from the contract by returning the product(s), we will refund the amount paid for the product(s), except for delivery shipping costs. This refund will be processed using the same payment method used in the original transaction, and no additional fees will be charged to the customer.
10.5. However, we may withhold the refund until we receive the returned products and assess their condition.
10.6. The condition of the product(s) will only be validated if the following criteria are met:
- The product(s) have not been used;
- The product(s) retain their original characteristics;
- The product(s) are complete;
- All materials accompanying the order(s) must also be returned.
10.7. Upon return, the respective products must be sent via carrier or CTT, using the same packaging received, along with a copy of the invoice. The Contract Withdrawal Form in PT, Contract Withdrawal Form in EN, must also be completed. For any clarifications, please contact us via email at help@navywaii.com or through our social media (Facebook and Instagram).
11. Defective Products
11.1. In cases where the customer believes that the product, at the time of delivery, does not comply with the sales conditions, the customer has a legally fixed period of two months to inform us of the situation. The customer will then be informed of the procedures to follow.
11.2. As legally established, the customer may, as an alternative to contract termination, choose to have the respective product replaced.
11.3. The replacement of the product or refund should occur as soon as possible and, in any case, within a maximum period of 30 days.
11.4. The amount paid for the products returned due to any damages or defects will be fully refunded.
11.5. The refund will be made using the same payment method that was used for the original purchase.
12. Exchange of Items
12.1. If the item purchased by the customer does not correspond to the appropriate size, the customer has the option to request a size exchange, bearing the associated delivery costs for the new item, even if they return the original item.
12.2. Request a size or model exchange via the previously mentioned email help@navywaii.com. The customer must also complete the Contract Withdrawal Form in PT, Contract Withdrawal Form in EN.
12.3. It is important to note that if, after 14 days from the size or model exchange request, the original item has not been returned, we reserve the right to charge the customer for the costs related to the new order generated.
12.4. For the purposes of the previous section (12.4), the customer may request a size exchange by sending the product via CTT or another courier to the address provided via email or in the Contract Withdrawal Form in PT, Contract Withdrawal Form in EN.
12.5. Shipping costs will only be covered by us in the case of a defective product or incorrect delivery. In all other cases, shipping costs will be borne by the customer.
12.6. The item must be returned using or including the original packaging. It must also include all instructions, tags, documents, and packaging of the products.
12.7. We reserve the right to inspect the product and refuse the exchange if it was requested outside the established deadline and/or if the items are not in the same condition as when they were received by the customer.
13. Complaints
13.1. With the aim of continuously improving the services provided, we strive to address and resolve any complaints you may have. To do so, you can send your comments and complaints via email at help@navywaii.com or submit a complaint through the Online Complaints Book: www.livroreclamacoes.pt.
14. Giveaway Regulations
14.1. For more information about the giveaway, please check here: Giveaway Regulations.
15. Alternative Dispute Resolution
Alternative dispute resolution allows all consumers to seek assistance from official entities in resolving or guiding any conflict. The Online Dispute Resolution website is an official platform managed by the European Commission, dedicated to helping consumers and traders resolve disputes outside the courts: Online Dispute Resolution.
Consumers as defined by Law 144/2015 who have entered into purchase and sale or service contracts have the right to seek assistance from official entities for resolving any disputes related to such contracts, without prejudice to resorting to judicial courts. The updated list of Alternative Dispute Resolution entities, available under Article 17 of Law No. 144/2015 of September 8, can be found on the Consumer Portal at http://www.consumidor.pt . For more information, you may also refer to Law 144/2015. Additionally, we inform you that for disputes arising from online purchases, you may use a resolution system called the “ODR Platform - Online Dispute Resolution / RLL,” created by the EU.
In any case, you can contact one of the designated centers below.
Alternative Dispute Resolution Entities
CNIACC - National Center for Information and Arbitration of Consumer Disputes - https://www.cniacc.pt/enz.