General terms and conditions

Business information:
DC PERFORMANCE, LDA
Estrada de São Bernardo, nº 326, r/c B
3810-174 São Bernardo
Aveiro, Portugal

Article 1: General provisions

Flying Sardine is a trademark of DC Performance, Lda. All orders in our online shop are subject to our general terms and conditions that can be read on our page at the time of the order. Our general terms and conditions always take precedence over any terms and conditions of our customers, even if we do not expressly object to the latter.

We operate the website https://www.flyingsardine.com as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms‘) (collectively, the ‘Services‘).

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you‘), and DC Performance, Lda, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”).

Article 2: Price

For customers accessing the website from within the European Union VAT Territory, all prices displayed are in Euros and include VAT as well as any other applicable duties or taxes that the customer is responsible for.

For customers accessing the website from outside the European Union VAT Territory, prices are displayed in your local currency and exclude VAT. Please note that you may be subject to certain duties or taxes upon the importation of goods into your country.

Any shipping, reservation or administration fees that are charged are specified separately.
The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.

Article 3: Availability

Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Flying Sardine. With respect to the accuracy and completeness of the provided information, Flying Sardine is solely bound to an obligation of means. FLYING SARDINE is in no way liable in event of obvious material or printing errors.

If the Customer has specific questions about for instance sizes, color, availability, delivery terms or method, we kindly request to contact our customer service department in advance.

The product selection is valid while stocks last and may at any time be changed or withdrawn by FLYING SARDINE. FLYING SARDINE cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.

Article 4: Online purchases

Your order is complete and the contract between us is final once we confirm your order by e-mail and regarding your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card.

FLYING SARDINE accepts Creditcard, PayPal, bank transfer. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.

In order to purchase a product, the Customer first adds it to the shopping basket. Afterwards, the Customer must submit contact details and billing data. Next, the Customer chooses its preferred way of delivery. In the final step you are led to an overview page, you accept our Terms and Conditions and you confirm your payment by pressing the ‘Buy Now’ button, with the caption “order with payment”. If you have completed these steps, your purchase becomes final.

FLYING SARDINE is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.

Article 5: Delivery and execution of the agreement

Products ordered via this webshop will be delivered in Europe and anywhere else our clients desire, if possible.

Delivery occurs by package services: UPS or Nacex. The charge rates/delivery times applicable can be calculated during checkout, since we do not use a flat rate.

Unless otherwise agreed or explicitly determined otherwise, the goods shall be delivered within the legal term of 30 days of receipt of the order. If it is not possible within that period, the Customer may dissolve the agreement free of charge, unless otherwise agreed or communicated.

FLYING SARDINE cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter. In such cases the liability of FLYING SARDINE remains limited to the value of the goods of which it is shown that they were not received by the Customer.

If the delivered goods were damaged during transport, do not correspond to the goods mentioned on the delivery note or do not correspond to the goods ordered, the Customer has to report this as quickly as possible and in any case within 3 days. Subsequently, the Customer has to send the goods back within 14 calendar days after delivery.

The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by FLYING SARDINE.

Article 6: Retention of title

Delivered articles remain the exclusive property of FLYING SARDINE until the moment the Customer pays for the goods in full.

If necessary, the Customer undertakes to inform third parties of the retention of title belonging to FLYING SARDINE, e.g. to anyone who would attempt to seize articles that are not fully paid for.

Article 7: Right of withdrawal

The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from FLYING SARDINE.

The Customer has the right to withdraw from this agreement within a period of 14 calendar days without stating a reason.

The right of withdrawal period will expire 14 calendar days after the date:

when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier; or
when the last of the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier; or
when the last shipment or last part has been physically received by the Customer or a third party indicated by the Customer that is not the carrier.

To exercise the right of withdrawal, the Customer must notify FLYING SARDINE (info@Flying Sardine.com) in an unambiguous statement (e.g. in writing by post or e-mail) about their decision to withdraw from the agreement. The Customer may use the attached template withdrawal form, but it is not mandatory.

To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.

In any event, the Customer must send back or hand over the goods to FLYING SARDINE within 14 calendar days from the day that it notifies FLYING SARDINE of its decision to withdraw from the agreement. The goods must be sent before the period of 14 calendar days has expired.

The costs for returning the goods shall be borne by the Customer.

All products should be returned in the original state and packaging, along with all accessories, instructions and sales receipts. If the returned product is reduced in value in any way, FLYING SARDINE is entitled to hold the Customer liable and withhold compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods.

All returned products will be inspected carefully. The basic principle is that the Customer may only check the products as he would be allowed to do in a physical store. Products may be inspected, but must not have been used. When an article has undergone a decrease in value due to the use of the Customer, this will be charged to the Customer.

If the Customer withdraws from the agreement, FLYING SARDINE shall repay payments received from the Customer, including and limited to the standard shipment costs, within a maximum of 14 calendar days of the date that FLYING SARDINE was notified by the Customer of its decision to withdraw from the agreement. FLYING SARDINE may wait with the reimbursement until all the goods have been sent back, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.

Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by FLYING SARDINE will not be refunded.

FLYING SARDINE shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the Customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.

The Customer may not exercise the right of withdrawal for:

the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person.
the delivery of sealed goods that are not suitable for return due to reasons of health or hygiene protection and where the seal has been broken after delivery.

Article 8: Guarantee

The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.

The legal term of 2 years is shortened to 1 year guarantee for second-hand goods sold by FLYING SARDINE.

To make a claim under related to the legal guarantee, the Customer must provide proof of purchase. Customers are advised to retain the original receipt and packaging used for the goods.

For articles purchased online, the Customer must contact the FLYING SARDINE customer service and return the product at their own expense to FLYING SARDINE.

Upon detection of a deficiency, the Customer must inform FLYING SARDINE as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.

The (commercial and/or statutory) guarantee is never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the article, rough usage, poor maintenance, or any other abnormal or incorrect use.

Article 9: Customer service

FLYING SARDINE customer service can be reached by email, phone or letter. Any complaints can be made through the customer services contact methods.

Article 10: Penalties for non-payment

Without prejudice to the exercise of any other rights that FLYING SARDINE is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice.

Without prejudice to the foregoing, FLYING SARDINE is entitled to take back the unpaid or incompletely paid for articles.

Article 11: Privacy

By visiting and using the website and during its exchanges with FLYING SARDINE, the user may submit certain personal data, particularly when filling out the “Contact Us” form or by subscribing to FLYING SARDINE’s newsletter.

In accordance with the provisions of the European Regulation n°2016/679 of 27 April 2016 (“General Data Protection Regulation” or “GDPR”) applicable as of 25 May 2018, and the amended Data Protection Act (in particular by Law n°2018-493, known as “LIL 3”, of June 20, 2018 and its implementing decree, as well as the rewriting order n°2018-1225 of 12 December 2018), the user is advised that:

– The entity in charge of the data processing is: the company DC PERFORMANCE, Lda as identified in the legal notice.

– The purpose of the processing is to:

Contact the user in order to respond to their requests.
Optimize the site and personalize the interaction with the users.
Carry out studies and statistical analyses on the use and typology of the users of the site.
Contact the user for information or marketing purposes and to send them the FLYING SARDINE newsletter.

– The legal basis of the processing is:

The legitimate interest, this being justified by the need to respond to the user’s requests and for the purposes of disseminating useful information to the user in the field of kitesurfing.
The legitimate interest of FLYING SARDINE to improve its services and measure their effectiveness.
The consent of the user for commercial or marketing purposes, and for the sending of the newsletter, being specified that the user has the right to withdraw their consent at any time.

– The recipients of the data are, within the limits of their respective attributions: (i) the members of the FLYING SARDINE team (ii) its service providers, in particular communication, Web and IT service providers.

Subject to the transfers mentioned above, the data are not transmitted to third parties. In particular, they are not sold, exchanged, transferred, or transmitted to a third party without the user’s consent.

In addition, in accordance with the regulations in place, the data collected may be transmitted to the competent authorities upon request and in particular to public bodies, judicial officers, ministerial officers, and bodies responsible for collecting debts, exclusively to meet legal obligations, as well as in the case of the search for the authors of offences committed on the Internet.

– Data is stored for 3 years from the last contact with the user, unless the user has exercised his or her right to object.

For connection data and other data collected through cookies, the retention period is described in the paragraph “LIST OF COOKIES” below.

– With respect to personal data, the user is informed that he/she has the right to access, rectify, delete and, if applicable, oppose, the right to limit the processing, the right to data portability, the right not to be subject to an automated individual decision (including profiling). The user also has the right to formulate specific and general directives concerning the conservation, deletion and communication of his/her data post-mortem. To exercise this right, he/she should write or send an e-mail to the contact details given in the legal notice of the site, specifying “personal rights” in the subject of the letter.

Article 12: Use of cookies

Our website uses cookies and similar technologies. This helps us to provide you with a better experience when you visit our website and allows us to optimize our website. Without your prior consent, we only place those purely functional cookies that are necessary for the proper functioning of our website. For all other cookies, we ask for your prior consent.

On your first visit to our Website, you will be asked to accept our cookies. You can manage your choices at any time afterwards.

You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.

Article 13: Invalidation – non-relinquishment

If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by FLYING SARDINE to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.

Article 14: Proof

The Customer accepts that electronic communications and backups shall serve as furnishing of proof.

Article 16: Applicable law – jurisdiction

Portuguese law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods.

The courts of the Consumer’s place of residence are competent in case of legal disputes. The Consumer can also turn to the ODR platform provided by the European Commission for online dispute resolution (http://ec.europa.eu/consumers/odr/).