Terms & Conditions

Cubu Fitness Boutique, LDA
NIPC: 516354680
Address: Rua de Gondarém 695. 4150-378
Email: info@cubufitnessboutique.com
Contact: +351 911 000 111
Opening hours: Monday to Friday 10:30 – 13:00 | 14:00 – 16:00

These Terms & Conditions regulate the use of the website www.cubufitnessboutique.com and any commercial transaction carried out through the online store between the Final Consumer (here in after referred to as “User”) and Cubu Fitness Boutique, LDA (here in after referred to as “Cubu”). Cubu will be the entity responsible for selling articles from the various brands of its suppliers on the website www.cubufitnessboutique.com

“Website content” means all the information present on this portal, namely text, images, illustrations, graphic design, web design and software. All content on this website is protected by Copyright and Related Rights, and Industrial Property Rights, under Portuguese and European Union laws, international conventions and other laws, and cannot be used outside of the conditions permitted on this website and without consent from Cubu

All texts, images, illustrations, photographs, brands and other elements of the website’s content are protected by law and duly licensed, and any copying, reproduction, dissemination or transmission, use, modification, sale, publication, distribution or any other use, total or partial, commercial or non-commercial, whatever the means used, except with their express authorization. The use of the website for illegal purposes or any other purposes that could be considered harmful to the image that Cubu has in the market is strictly prohibited.

Cubu rejects any responsibility for the usurpation and misuse of the elements mentioned above. Exceptions to this prohibition are free uses authorized by law, namely the right of quotation, as long as their origin is clearly identified. Usurpation, counterfeiting, taking advantage of usurped or counterfeit content, illegitimate identification and unfair competition are criminally punishable. Cubu reserves the right to take legal action against the authors of any copy, reproduction or other unauthorised use of its content(s) by third parties.

The User may download or copy material strictly for personal use, with Cubu remaining the owner of the respective copyright. The Customer undertakes not to attack or use Cubu’s systems or website illegally, being responsible and bearing all costs associated with illegal actions attributed to him.

Among others, the following are considered illegal actions:
a) Accessing an unauthorized area/account and related information;
b) Test and evaluate the vulnerability of the system and break the installed security;
c) Install or attempt to install a virus on the portal;
d) Sending unsolicited emails that include promotions or advertising for products or services;
e) Trigger or attempt to trigger “denial of service” attacks (attempt to make system resources unavailable to its Users).

a) Cubu and its administrators decline any responsibility for any direct, indirect and/or accidental damages of any nature, resulting from the use or inability to use the materials contained on this website; Derived from lack of caution, inappropriate use or negligence, when using the items for sale in this electronic store.

b) When placing the order, the user declares to be over 18 years old and not legally incapacitated.

a) The User places their order by completing the purchase process presented on the website www.cubufitnessboutique.com, adding the product(s) or service(s) they wish to order to the shopping cart;

b) To send your order, the user must:

b.1) Register on the website www.cubufitnessboutique.com, providing the information requested there for registration;

b.2) Log in (providing a combination of email and password chosen by the user at the time of registration). The user undertakes to ensure the confidentiality of their own access password, with Cubu being exempt from any liability arising from the incorrect use or negligence of the user, in fulfilling its obligation of confidentiality of access data;

b.3) Cubu the information and choose the options available to you throughout the order completion process (delivery and billing address, shipping method, payment method, as well as the NIF and name that, for tax purposes, , you want them to appear on the invoice);

c) Placing an order by the user is equivalent to full and unconditional acceptance of the prices and description of the products available for sale, as well as the conditions of use that will be the only ones applicable to the contract thus concluded;

d) Cubu will honor orders received online only up to the limit of raw material availability. In the event of lack of availability of the product/raw material, Cubu undertakes to inform the customer as soon as possible;

e) The data contained in the invoice is the sole responsibility of the user when filling in the order completion fields. The invoice once issued cannot be reissued with changes;

f) Order requests are valid for 5 (five) days, except if the order is registered under a promotional campaign that defines a different deadline, and it is not possible to guarantee prices, discounts, promotions and offers beyond this period . If payment is not received by our services within the aforementioned period, the order cannot be validated. Any amount received after this date will be refunded or used for a new order.

Cubu’s online store allows the user to pay for orders in the following ways:

a) Multibanco Network, with entity and reference, processed by the entity: Ifthenpay – information can be consulted here;

b) MB Way, processed by the entity: Ifthenpay – information can be consulted here;

c) Debit Card / Credit Card, processed by the entity: Ifthenpay – information can be consulted here;

d) Paypal, processed by the entity: Paypal – information can be found here;

Cubu can not be held responsible for any changes in currency or exchange rates applied by any bank when exchanging the EURO in any other currency.

a) The online store delivers to Portugal.

b) Orders will be delivered within 2 working DAYS after the order is placed. Delivery is carried out by Nacex or another transport company.

c) The user has 2 delivery attempts. If delivery is not possible after 2 attempts by the shipping company, costs will be added for each new delivery attempt.

d) All orders can be picked up at one pick up point: Porto.

a) Prices are identified in Euros (€), with fees and taxes included, considering the VAT in force at the date of the order.

b) If there is an increase in the Price of any product, the customer will be informed immediately and can choose to receive their order (paying the difference) or cancel it.

Any product purchased at www.cubufitnessboutique.com can be exchanged or refunded, and the user must contact us via email info@cubufitnessboutique.com or by registered letter. The exchange or return must be made within a maximum period of 14 days. Failure to pay for the order within 48 hours following the date on which it was placed will result in automatic cancellation of the order. Returned products must be in the same condition in which they were delivered to the Customer, without any signs of use, and in the respective packaging. If the final value resulting from the exchange of products in an order is higher than the initial value of the order, the user will have to pay the difference, using one of the available payment methods. If it is lower than the initial value, or in the case of a return, the user may request a refund of that amount by bank transfer to an account to be indicated.

Cubu does not accept exchanges/returns of personalized items, nor of items that have their original packaging damaged. Items sent free of charge, in the form of gifts or bonuses, will not be refunded. Shipping and banking costs associated with returning products are borne entirely and exclusively by the user. Cubu will reimburse the Customer within a maximum period of 14 days from receipt of the item to be returned. If the return is the result of a logistical error, Cubu will collect the item after contacting the user, assuming the costs of the return, as well as shipping costs for the correct product.

Returns will only be accepted within the stipulated period and exchanges are subject to stock availability. An unsatisfied exchange request automatically generates a return and a subsequent credit.

In case of unavailability of the product and/or out of stock, the customer will be informed of the partial or total cancellation of their order with the right to a refund of the respective amount paid.

Exceptions to the Right of Free Resolution, in accordance with article 17 of decree-law no. 24/2014, of February 14, are considered, unless otherwise agreed by the parties, in the following cases:
a) Provision of services, when :

i) The services have been fully provided after the consumer’s prior express consent, in accordance with article 15;
ii) The consumer recognizes that he loses the right to free termination if the contract has been fully executed by the professional in that case;

b) Supply of goods or provision of services whose price depends on fluctuations in financial market rates that the supplier of goods or service provider cannot control and that may occur during the free resolution period;

c) Supply of goods made according to consumer specifications or clearly personalized; (…)
and ii) The consumer acknowledges that their consent implies the loss of the right to free resolution; (…).

The user’s choice of a frame constitutes recognition of the purchase of a personalized item and thus loses the right to free resolution.

a) Modify or suspend the online store without prior notice;

b) Modify the price of items or services without prior notice;

c) Refuse orders due to lack of stocks, lack of raw materials or non-compliance on the part of the user;

d) Receive the amount of the user’s purchases once the transaction is accepted;

e) Suspend and/or block the user’s account if the user appears abusive.

In the event of a dispute, the consumer can resort to an Alternative Consumer Dispute Resolution Entity. Consult here the List of Consumer Dispute Arbitration Centers that you can use according to the place where you made your purchase. To access the Online Dispute Resolution Platform click here .

More information at the Consumer Portal www.consumidor.pt This information does not mean that Cubu adheres to or accepts arbitration by the arbitration centers listed in the list of services.

For technical reasons, Cubu can not guarantee full availability at all times. Cubu can not guarantee that all featured products are available at the time you place your order. If the product you requested is no longer available, you will be contacted by e-mail shortly after your order.

Due to the color settings of your computer, the colors of the products shown in Cubu’s pictures may differ from their actual colors. Cubu can not be held liable for any discrepancy.

We appreciate any comments you may have about our service. Our goal is to improve it and deal with problems quickly and fairly. If you have any complaints, please email to info@cubufitnessboutique.com clearly indicating that you are making a complaint.

Our goal is to respond to your complaint within the shortest time possible.