Terms of Sale


MODOSPORT invites you to read the content of Terms of Sale carefully before ordering Products online from MODOSPORT platform.

 

PURPOSE

You are reading these Terms of Sale because you are using a MODOSPORT website, social media platform, or one of our other products or services, which are part of MODOSPORT’s Platform. These Terms of Sale create a legally binding contract between you and MODOSPORT and its affiliates (which we may refer to as “MODOSPORT,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform.

The present Terms of Sale may be revised at any time without notice by posting updated version of Terms of Sale on MODOSPORT Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Your use of the Platform is also governed by MODOSPORT’s Terms of Service and Privacy Policy.

In case of doubt about these Terms of Sale, you can contact MODOSPORT through the contact forms available on the website or by email terms@modosport.eu

 

ORDER ON PLATFORM AND CUSTOMER COMMUNICATIONS

To place an order on the Platform, you must be at least 18 years old, or older if that is required under applicable law to enter into an agreement with MODOSPORT.

By using the platform you must ensure that the mandatory information provided by you is correct and complete.

The Platform may include features or content that promote the modification of auto parts to auto parts with a sportive attributes, which are intended exclusively for competition cars. 

Consider the risks involved and consult a qualified and experienced Automotive Technician to make any changes to the car.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MODOSPORT IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE THAT THE USER MAY SUFFER FROM RESULTING FROM THE USE OR INABILITY OF USE BY THE SAME PLATFORM FEATURES.


If you use the MODOSPORT platform, you declare that you fulfil these conditions.


To order one or more products available on the platform, you must follow the following procedures:


  • Choose the product on the MODOSPORT platform;
  • Add the product to the "cart";
  • You may proceed with the Purchase, as a Guest or by creating an account ("Client Zone") or, if you already have an account, by logging in with your email address and login code.

When you submit an order we receive an email acknowledging receipt of your order.  Our acceptance of the order takes place when we receive the payment. At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us.


If we are unable to provide you a product, we will inform you of this and will not process the order.


The applicable law requires that the information or notifications sent are in writing. By using our platform, you agree that the notifications sent by the MODOSPORT are sent electronically.

For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other notices sent electronically satisfy the legal requirement that such notices are in writing. This condition will not affect the rights recognized by law.


OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT

We reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract in the following situations, without being liable for any damage or costs other than refund of any amount received from you in relation to the Contract we cancelled:


  • the product(s) is not available or in stock;
  • there was an error in the price displayed on the Platform;
  • your billing information is not correct or not verifiable;
  • we could not deliver to the address provided by you;
  • your order is an order susceptible to fraud;
  • you are under 18, or under an older age if an older age is permitted under applicable law to enter into an agreement with MODOSPORT;
  • due to an event that is beyond control.


Order susceptible to fraud 

 

All orders may be checked on before contract is fulfilled. These checks may include verifying your address and checking for fraud. Unusual or suspect transactions, or transactions which can be identified as susceptible to fraud will be investigated and if necessary prosecuted.


PAYMENT OPTIONS

You can find the available payment methods in the section Payment Options  of MODOSPORT.EU or MODOSPORT.PT (or see bellow). We do not accept any method of payment other than those listed in this section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.

we accept the following payment options:

  • Bank Transfer
  • Cash on Delivery (PORTUGAL only)
  • MB WAY
  • PayPal
  • Amazon Pay
  • Pay in Store (PORTUGAL only)

If you pay by Bank Transfer, we will start preparing the purchase after we receive your payment. This may take several days. In the event that no payment has been received within 5 working days after you submitted your order, your purchase will automatically be cancelled. 

If you pay by Cash on Delivery the place of delivery must be in Portugal, and the the payment in cash only.

If you want to Pay in Store, we will start preparing the order and you must pick up and pay within 2 working days.


TITLE TRANSFER

We retain title in any product(s) until we have received full payment for such product(s).


PRICE

The product prices displayed on the Platform are inclusive of portuguese Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the section Shipping and Delivery of our Website.

If you buy as a company and your business is based on European Union with valid VAT number (confirmed by VIES), the VAT amount will be discounted of your order.

Prices may change, but changes will not affect any order which we have received and confirmed until that moment.


SHIPPING AND DELIVERY

We will try to deliver all items which you have ordered at the same time. However, an order for multiple products may result in split shipments.

We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.


Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.


Shipping to PORTUGAL (excluding islands)


CTT Registered to PORTUGAL

  • 1-3 working days
  • Rate by weight of order:
  • 0 - 499 g = 5 €
  • 500 – 1999 g = 8 €
  • 2000 – 4999 g = 12 €
  • 5000 – and up = 16 €

GLS Nacional 24h 

  • 1-3 working days
  • Rate by weight of order:
  • 0 - 999 g = 6 €
  • 1000 – 2999 g = 7 €
  • 3000 – 4999 g = 7.5 €
  • 5000 – and up = 8.5 €

CTT Registered + Cash on Delivery 

  • 1-3 working days
  • Rate by weight of order:
  • 0 - 499 g = 10 €
  • 500 – 1999 g = 16 €
  • 2000 – 4999 g = 24 €
  • 5000 – and up = 32 €

GLS Nacional 24h + Cash on Delivery

  • 1-3 working days
  • Rate by weight of order:
  • 0 - 999 g = 12 €
  • 1000 – 2999 g = 14 €
  • 3000 – 4999 g = 15 €
  • 5000 – and up = 17 €



Shipping to Portuguese Islands

 

CTT Registered 

  • 1-3 working days
  • Rate by weight of order:
  • 0 - 499 g = 5 €
  • 500 – 1999 g = 8 €
  • 2000 – 4999 g = 12 €
  • 5000 – and up = 16 €


CTT Registered + Cash on Delivery 

  • 1-3 working days
  • Rate by weight of order:
  • 0 - 499 g = 10 €
  • 500 – 1999 g = 16 €
  • 2000 – 4999 g = 24 €
  • 5000 – and up = 32 €



Shipping to Europe (except Portugal)


CTT Registered to EUROPE

  • 5-10 working days
  • Rate by weight of order:
  • 0 - 499 g = 9 €
  • 500 – 999 g = 15€
  • 1000 – 1999 g = 21 €
  • 2000 – 2999 g = 28 €
  • 3000 – 3999 g = 36 €
  • 4000 – 4999 g = 44 €
  • 5000 – 6999 g = 52 €
  • 7000 – and up = 60 €



Shipping to Rest of the World


CTT Registered to WORLDWIDE

  • 8-20 Working days
  • Rate by weight of order:
  • 0 - 499 g = 12 €
  • 500 – 999 g = 20 €
  • 1000 – 1999 g = 28 €
  • 2000 – 2999 g = 75 €
  • 3000 – 3999 g = 90 €
  • 4000 – 4999 g = 105 €
  • 5000 – 5999 g = 120 €
  • 6000 – 6999 g = 135 €
  • 7000 – 7999 g = 150 €
  • 8000 – 8999 g = 165 €
  • 9000 – and up = 180 €



RETURNS & CANCELLATIONS

Cancellations

You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please check the status of your order first by contacting us by email cancellation@modosport.eu.

If cancellation is not possible, the product will be delivered and may be returned in accordance with procedure described below in “Returns after delivery of defective products” or “Free Resolution”.


Returns after delivery of defective products

After the delivery, you are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. In that case shipping costs will be refunded.

 

  • Variations which shall not be considered defects

The products that MODOSPORT sells, have the characteristics of the natural materials used in their manufacture, or characteristics resulting from the machining. These characteristics, such as variations in grain, texture, knots and colors, or other marks on the machined surface are not considered defects or lack of conformity. Rather, you should expect their presence. Such characteristics are unavoidable and should be accepted as part of the individual product appearance.


Free Resolution

If you are unhappy with a product you ordered, you may exercise your right of free termination of the contract. You can invoke your right of free termination of the contract by informing us with an unequivocal declaration of termination of the contract to return@modosport.eu that you want to return the product within 14 calendar days after the product is delivered to you, or if you have ordered multiple items in one order which are delivered separately, within 14 calendar days after the last product is delivered.


All costs associated with the returns of orders, in the exercise of right of free resolution, will be always customer's responsibility, as well as handling costs corresponding to 15% of the value of the products.


The customer will be responsible for the depreciation of the products resulting from handling that exceeds what is necessary to verify the nature, characteristics and functioning of the products.


Please make sure that the products you return are complete, have not been used or applied, have any kind of damage, and the packaging is strictly intact as shipped. In case of non-compliance of these conditions, the products will not be accepted for return.


The right of free termination of the contract does not apply if the product is made to your specification or clearly personalized.


In case of rejection due to non-compliance with the return conditions, the pick up of the products will be at the customer's expense, with a maximum period of 15 working days. After this period, the products will be considered abandoned.


REFUND

Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account.


EVENTS OF FORCE MAJEURE

MODOSPORT will make every reasonable effort to fulfil its obligations.

However, it cannot be held liable for non-compliance or delay in complying with any of its obligations, which are due to events that are beyond its control.

An Event of Force Majeure means any act, event, happening, fault, omission or accident or any other beyond our reasonable control, including:

  • General strike, or other forms of protest;
  • State of siege or emergency, disturbance of public order, lock-outs or other industrial action by third parties, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
  • Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster;
  • The impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private;
  • Impossibility to use public or private telecommunications systems;
  • Decisions, decrees, laws, regulations or other normative instruments or decisions of any government or public authority.


If an Event of Force Majeure takes place that affects the performance of our obligations under these Terms of Sale:

a)     We will contact you as soon as reasonably possible to notify you

b)     Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of this event.

 

When the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the event outside of our control is over.  You may cancel the contract if an event of force majeure takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.


APPLICABLE LAW/SETTLEMENT OF DISPUTES

All matters relating to the application or interpretation of the present Terms of Sale and any dispute resulting from the interpretation, validity or breach of contract between the parties shall be subject to the jurisdiction of the competent Portuguese courts.

To such disputes will be applicable, with express resignation to another, the Portuguese law.

In case you have been dissatisfied with the purchase of the product or with the service provided on the MODOSPORT platform, you may also, without prejudice to the right to submit the dispute to the appraisal and decision of a court to appeal to one of the alternative consumption dispute settlement entities, at or https://webgate.ec.europa.eu/odr


The alternative dispute settlement entities currently in existence are as follows:

(i) Centro de Arbitragem de Conflitos de Consumo de Lisboa: http://www.centroarbitragemlisboa.pt/

(ii) Centro de Arbitragem de Conflitos do Vale do Ave / Tribunal Arbitral: https://www.triave.pt/

(iii) CIAB - Centro de Informação, Mediação e Arbitragem de Consumo /Tribunal Arbitral de Consumo: http://www.ciab.pt/pt/noticias/itinerancia-da-exposicao-comemorativa-do-20-aniversario-do-ciab-31

(iv) CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo: http://www.arbitragemdeconsumo.org/

(v) Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra: http://www.centrodearbitragemdecoimbra.com/

(vi) Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve: http://www.consumidoronline.pt/pt/

(vii) Centro de Informação de Consumo e Arbitragem do Porto: http://www.cicap.pt/

(viii) Centro de Arbitragem de Conflitos de Consumo da Madeira: http://www.srrh.gov-madeira.pt/In%C3%ADcio/tabid/292/Default.aspx

(ix) Centro de Arbitragem da Universidade Autónoma de Lisboa: http://arbitragem.autonoma.pt/ 



Update in April 2020