Terms and Conditions

TERMS AND CONDITIONS

1. OWNERSHIP OF THE IDS-INDESA ONLINE SHOP

IDS - Investigação Desenvolvimento Saúde, Unipessoal Lda, a business corporation formed and operating in accordance with Portuguese Law with share capital of 535,000.00 euros and registered office at Rua do Moderno, Lote 1, Casais do Quintão, 2005-021 Várzea STR – Portugal, registered in the Companies Registry Office of Santarém under registration and VAT number 510 531 288, hereinafter referred to as “IDS” or “IDS – INDESA“, holds the Registered Trademark DrySeat and is responsible for operating the websites stated below, as well as processing the personal data collected, through which users have access to content made available by IDS through the following websites:

www.ids-indesa.com
www.dryseat.pt

2. CONTACTS AND CUSTOMER SUPPORT

For further information, please contact IDS via the following email: ids@ids-indesa.com. If you prefer to contact us by phone, we are available for you from Monday to Friday, from 09:00 a.m. - 06:00 p.m., on the phone number: +351 243 247 751.

3. OBJECT AND SCOPE OF APPLICATION

3.1. These General Terms and Conditions of Sale govern exclusively the purchase and sale of goods in the IDS online shop, between the “Customer” as the purchaser and “IDS” as the seller, and apply to all visitors to the website www.ids-indesa.com, as well as to all commercial transactions carried out through this online shop.

3.2. Browsing the website, as well as purchasing any product on www.ids-indesa.com implies acceptance of the present general conditions of use and contracting.

3.3. ”Customer", "User" or "Purchaser” means any person who uses and/or purchases goods in the IDS online shop.

3.4. IDS reserves the right to change these conditions of use and contracting, without prior notice, and to modify at any time the information and commercial offer regarding products, prices, promotions, commercial conditions and services, and any change will always be published on the website www.ids-indesa.com.

3.5. IDS reserves the right not to process any order received from users who are not in accordance with the general terms and conditions of sale of the "Seller” (IDS).

3.6. The "Customer", as purchaser, shall provide IDS an e-mail or a postal address or other contact details which are correct and complete, and agrees that IDS may contact the “Customer” using these details as deemed appropriate.

4. INFORMATION ON THE CONTENT OF THE “IDS” ONLINE SHOP

4.1. The website www.ids-indesa.com is intended for private use only, therefore the reproduction, transfer, distribution or storage of the contents of the IDS online shop, without prior written permission, is prohibited for any purpose other than strictly personal use.

4.2. It is expressly prohibited to introduce links from our website with commercial purposes or without prior authorisation of IDS, as well as the use of the domain www.ids-indesa.com with abusive purposes, without prior authorisation, and IDS may take legal actions against such use.

4.3. In the event that you find, on other websites, with the exception of www.dryseat.pt , links to the website www.ids-indesa.com or references to the IDS online shop, we inform you that IDS has no responsibility for the links or pages, nor for the content contained therein.

4.4. IDS is strongly committed to ensure that the information presented on www.ids-indesa.com is free of spelling errors and whenever they occur, we will correct them as soon as possible.

4.5. All contractual information is written in Portuguese, as well as the information on articles, communication by e-mail and formalisation of the sale, except for technical expressions of the commercialised products.

5. COMMERCIAL POLICY

5.1. If the information presented does not correspond to the characteristics of the product, the Customer has the right to cancel the sale and purchase contract under the applicable terms and conditions.

5.2. The pictures shown on the website are purely illustrative. For further clarification on the commercialised products, we recommend you to read carefully all the information that is available and/or consult the website of the trademark/supplier.

5.3. Prices and product features are subject to changes without prior notice.

5.4. The validation of the purchase order assumes that the "Purchaser" is aware of and accepts the General Conditions and Terms of Sale of the website www.ids-indesa.com .

5.5. All data recorded by IDS constitute evidence of all transactions carried out between "IDS" and the "Customer". It is the responsibility of IDS to file the electronic document in which the contract is formalised and IDS is obliged to keep it accessible.

6. CUSTOMER AND USER OBLIGATIONS

6.1. Any visitor to the website www.ids-indesa.com undertakes to comply with and respect these General Terms and Conditions, in particular by observing the following obligations:

6.1.1. It is prohibited to introduce, store or spread through the IDS website contents that are defamatory, obscene, injurious, xenophobic and/or of any other nature that violate the general principles of law and public order.

6.1.2. To save, and not disclose, your password for entering the website in order to prevent third parties from accessing your account and personal data.

6.1.3. Not to use false identities.

6.1.4. Provide correct personal data and address(es) so that IDS is able to process the orders properly.

6.2. The "Customer" is the only responsible for the accuracy of the personal data communicated to IDS and the “Customer” undertakes to insert and inform immediately any changes by means of the Customer’s registered account at www.ids-indesa.com .

6.3. IDS is exempt from any responsibility for any delay or impossibility to process the order due to error or insufficiency of the data transmitted by the "Customer".

7. PLACING AN ORDER ONLINE

7.1. To place an order on the website www.ids-indesa.com, the "User" must have a valid and frequently used e-mail account. It is not mandatory to register as a customer to carry out purchases, but we advise you to do so in order to maintain your shopping history in our Shop and to benefit from promotional campaigns and/or other advantages. To purchase an article, just add to your virtual shopping cart all the products you want to buy, following all the steps of the purchase to complete it successfully. The registration process may also be carried out during the purchase process and will be requested if applicable.

7.2. Placing an order on www.ids-indesa.com: Browse through the pages of the IDS online shop and find the products you want to buy. Add the preferred products to the Shopping Cart using the button "Add" or "Add to cart". After you have chosen all the products you want to buy, finish the purchase by clicking on "Checkout" in the shopping cart. Then fill in your personal details in a very simple form (pay a lot of attention when filling in the address and VAT if applicable). Then, select the shipping and payment method. Review your order. Proceed to payment by confirming the order. Finally, you will receive an order confirmation via e-mail. At the end of the purchasing process, your order is confirmed.

7.3. As soon as you have finished your purchase, you will receive an automatic e-mail confirming the transaction with the summary of your order. We recommend you to download this copy for future reference. This summary will also be available on your account page. If the data is not correct, you should immediately request a change, or even the cancellation of the purchase made.

7.4. In case of non-confirmation of payment or non-compliance with these General Terms and Conditions of Sale, IDS reserves the right not to accept your order, or to cancel it in whole or in part, even after the automatic confirmation of the order occurred.

8. PRODUCT AVAILABILITY AND ORDER CONFIRMATION/CANCELLATION

8.1. IDS only processes an order placed by a customer after confirmation of the respective payment, therefore IDS cannot guarantee the availability of the articles at the moment the order is processed.

8.2. During the order process you will be informed about the expected date for shipment or availability (in the case that the order is picked up at our facilities) of the products. The expected shipping time may vary depending on the destination of your order.

8.3. IDS only dispatches orders on working days. Thus, for estimating the delivery time of orders, neither weekends nor public holidays are taken into account. Any delay in the shipment of the articles, regarding the estimated dates shown, does not entitle the customer to receive a compensation.

8.4. The fulfillment of all orders placed on the website is subject to product availability. IDS tries to ensure that all articles offered for purchase on the website are in stock. However, IDS reserves the right not to accept any order or to cancel orders already confirmed for products no longer in stock. In case of unavailability of the product and/or out of stock, IDS will immediately inform the "Customer" of the partial or total cancellation of his order, and the purchaser is entitled to receive the refund of the respective applicable amount or a credit for purchases carried out on the website, according to the customer’s preference.

9. CONFIRMATION OR CANCELLATION OF THE ORDER

9.1. Orders submitted on www.ids-indesa.com for delivery by post or shipping company, will only be considered as confirmed and processed after the payment is received. If the customer chooses to pick up the goods at our facilities or prefers a home delivery, the charge is made at the time of pick up/delivery of the order.

9.2. If the goods ordered on www.ids.indesa.com are no longer available at the time of your last access to the website, even though you have received the order confirmation, or when IDS receives your order, IDS will immediately inform the “User” about the unavailability of these goods.

9.3. If an order has been placed and payment made for goods which have become unavailable, IDS will refund or credit the money paid for the unavailable articles.

9.4. IDS reserves the right to refuse any order, regardless of the reason and exempts from liability for any damages or costs, as well as reserves the right to cancel any purchase even if it has already been accepted or confirmed by IDS, namely in the following situations: The information on the invoice is not correct or verifiable. The order is flagged by the Website Security Systems as an incorrect, irregular order, or an order susceptible to fraud. If the payment of the order is not received within a period of 2 working days following the submission of the order. When it is not possible to deliver the order to the address provided by the "User". If IDS considers that the "Purchaser" did not have the legal capacity to perform that act. In the event that there was an error in the presentation of the price of the product(s).

10. TERMS OF PAYMENT AND SECURITY GUARANTEE

10.1. The available payment methods are presented in www.ids-indesa.com . We do not accept other methods of payment besides those that are mentioned.

10.2. In the case of orders for postal delivery, goods may be paid by credit card or by Multibanco reference. The IDS website provides the necessary instructions for these payment methods. In the case of orders for picking up at our facilities or a home delivery, payment may be made by credit or debit card, as well as in cash.

10.3. For payments by credit card, all details (such as card number, expiry date or security code) will be encrypted and sent to the company that provides the remote electronic payment services, without any third party being able to access the information transmitted. This information will not be used by IDS, except to carry out the necessary purchase or refund operations, in the event of the return in accordance with the exercise of the right of returning goods, or to inform police authorities about fraud cases.

10.4. If the "Consumer" chooses to pay via the Portuguese Multibanco Reference, we will only start processing the order after receiving the payment. Therefore, for this payment method, we advise you to go to the Portuguese Multibanco/Netbanking as soon as possible, so that you receive your order as soon as possible. Once 2 days have elapsed after the order has been placed, and no payment has been received, the order will be cancelled.

10.5. The total amount indicated on the order form contains the purchase price of the goods (including VAT if applicable) and applicable shipping costs.

10.6. We urge you not to attempt to make the payment by any other means that is not specified in www.ids-indesa.com . If you attempt to do so, IDS cannot be held responsible for the loss of the monetary value paid, or any other damage that may arise from this.

11. SECURITY OF ONLINE SHOP AND OF ALL TRANSACTIONS

11.1. The IDS online shop uses the latest and most robust security technologies available for data encryption. All information you provide will be encrypted from the initial moment of your transaction until the moment your order is processed and will not be stored on any public server.

11.2. Although we use a very advanced encryption software, any payment transmitted over the Internet, or by e-mail, runs some risks, namely when the "User" does not take the necessary precautions and does not assume the necessary responsibility.

11.3. IDS may not be held liable for any damages suffered as a result of the use of electronic means of communication, in particular damages resulting from failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for communications or virus transmissions.

12. RETENTION OF TITLE REGARDING COMMERCIALISED GOODS

12.1. IDS retains ownership of all goods presented on the website until full payment of the order has been received.

13. PRICES

13.1. Prices of goods that are shown on the website www.ids-indesa.com contain/include Value Added Tax (VAT).

13.2. The total price specified at the end of the purchase process includes taxes and shipping/delivery costs. Prices are quoted in the order confirmation, which you can print or download for future reference. The "Customer" shall pay only the exact amount that is specified in the order confirmation.

13.3. Shipping fees are calculated per order, and the exact price of the shipping fee depends on the country and location where the order will be delivered and eventually on the total amount of the purchase.

13.4. Prices are quoted in Euros and any change of the country and location where the order will be delivered may have an influence on the prices due to transport costs.

14. QUALITY AND WARRANTY

14.1. IDS only sells on www.ids-indesa.com quality products, and will never sell second hand products, nor products with defects or of inferior quality to the existing standards in the market.

14.2. Products that are available on www.ids-indesa.com may not correspond exactly to the final product in terms of displayed picture and colours, especially due to the internet browser and monitor used.

14.3. Manufacturer's Warranty - All products are guaranteed by their respective brands, which, unless otherwise stated, is 2 years for private consumers and 1 year for legal persons. In the event of a defect, they must be sent for repair to the assistance centres that are authorised by the producer itself, following the procedures indicated on the original detachable warranty card. Alternatively, you may contact our customer support service and we will provide all the help you need.

15. SHIPMENT OF GOODS AND DELIVERIES

15.1. Products ordered in the IDS online shop will be shipped and delivered on working days, Monday to Friday. In case of a home delivery or picking up at our facilities, products may be picked up on any working day, between 9am and 12 noon and between 2pm and 6pm, unless specifically indicated otherwise.

15.2. We can only guarantee the proper delivery of an order if the shipping address is correctly indicated by the "User".

15.3. A delivery is considered made or a product is considered delivered when the delivery receipt is signed at the agreed address. This procedure is not necessary if the order is picked up at the facilities of IDS.

16. SHIPPING COSTS

16.1. The shipping costs associated with your order will be invoiced per order, i.e. if you order more than one article, you will only pay the shipping costs once.

16.2. The shipping costs for Mainland Portugal, for the archipelagos of Madeira and Azores, and other countries, will be budgeted (automatically) depending on the total purchase of goods.

16.3. If the delivery is made to our facilities, no additional charges will be added to the price of the product.

16.4. The "Purchaser" shall inspect the packaging and goods received for possible damage. If any damage to the products is detected, you should contact IDS within 24 hours by e-mail ( ids@ids-indesa.com ) or by phone: +351 243 247 751.

17. DELIVERY TIMES FOR ORDERS

17.1. After your order is registered and the respective payment is confirmed and all the articles of your order are available, IDS commits itself to proceed with the shipment, taking into account the following delivery times:

a) To mainland Portugal: approx. 2 - 3 working days.

b) To the archipelagos of Madeira and Azores: approx. 5 working days.

c) Within the European Union (except Portugal): approx. 3 - 5 working days.

d) To all countries outside the European Union, we will dispatch the order within the indicative delivery time of 8 working days.

17.2. If the order is picked up at our facilities, the order will be available between 24 to 48 hours after the payment confirmation.

17.3 Any delay in the shipment of goods, regarding the estimated dates presented, does not give the customer any right to receive a compensation, since the delivery time is merely indicative and depends on the transport company.

18. PRODUCT RETURNS - VOLUNTARY RIGHT OF CANCELLATION

18.1. If for any reason the order does not correspond to your expectations, you have the legally established right to cancel the contract within 14 days. To do this, you must send the products to our facilities.

18.2. The right of voluntary cancellation expires after 14 days from the date of receipt of the order by the customer or a third party (except the shipping company) indicated by the customer. To exercise the right to cancel the contract, you may contact us via our e-mail: ids@ids-indesa.com, via social media services (Facebook or Instagram), or any other means that proves unequivocally your decision to cancel this contract. In order to comply with the period to exercise the right of voluntary cancellation, just send us your notice before the contract cancellation period expires.

18.3. After contacting us to inform us that you wish to exercise your right to cancel the contract, you will be given instructions on how to proceed with the return of the product. Under no circumstances should you send the products without prior contact, as they will not be considered for return. After contacting us and been given the return details, you should send us the product properly packaged and in the conditions mentioned below, to our address: IDS Investigação Desenvolvimento Saúde, Unipessoal, Lda, Rua do Moderno, Lote 1, Casais Quintão, Várzea, 2005-021 Santarém. If you wish to return any of the products, you may also go directly to our facilities, accompanied by the purchase invoice. Any return of articles must respect the following:

a) Return of products in good condition (in saleable condition), with original packaging unopened, undamaged, untried and accompanied by the respective invoice. If the packaging is damaged and the products show obvious signs of use, we will not accept the return nor the refund.

b) In the case of promotional packs, both the outer packaging and the products that are inside must be intact, untouched and accompanied by the respective invoice. If the packaging is damaged and the products show obvious signs of use, we will not accept the return nor the refund.

18.4. When carrying out a refund or a credit of the amount, the refunded amounts or credits (for online shop purchases) will be made for the total value of the order (products plus shipping costs), except international orders, where only the value of the products will be refunded or credited, excluding shipping costs. The costs regarding the shipping to our address are borne by the customer, except if the return is carried out due to transport damage or technical problems of the product. In these cases, shipping costs will be assumed by IDS. The refund will only be made after the product arrives at our facilities and it had been checked for proper condition and compliance with the conditions described above. This check is carried out as soon as the products arrive at our facilities and the amount will be refunded within 48 hours. If the products do not meet the above-mentioned requirements for return, the non-conformities detected will be communicated to the customer via e-mail, with supporting pictures, within 24 hours after the products have been received at our facilities.

18.5. In the case of a partial return (one or more products of an order, but not the whole order), only the amount corresponding to the product(s) to be returned will be refunded. For everything else the above conditions apply.

19. PRODUCT REPLACEMENT

19.1. If for any reason a product does not meet your expectations, you may get a replacement within 14 days after the order has been received by the customer or a third party (except the shipping company) indicated by the customer. To do this, you must send your products to our facilities.

19.2. To get the replacement, you may contact us via our e-mail: ids@ids-indesa.com, via social media services (Facebook or Instagram), or any other means that proves unequivocally your decision. You must also specify the article that you want to replace, as well as the reason for the replacement.

19.3. After contacting us to inform us that you want a replacement of the product, you will be given instructions for the further proceeding. Under no circumstances should you send the products without prior contact as they will not be considered for the replacement. After contacting us and been given the replacement details, you should send us the product properly packaged and in the conditions mentioned below, to our address:

IDS Investigação Desenvolvimento Saúde, Unipessoal, Lda,

Rua do Moderno, Lote 1

Casais Quintão, Várzea,

2005-021 Santarém

If you wish to replace any of your products, you may also go directly to our facilities, accompanied by the purchase invoice. Any replacement of articles must respect the following:

19.4. If you wish to replace a product, both the shipping costs to our address and the amount corresponding to the shipping costs of the new product shall be borne by the customer, except if the reason for the replacement is due to transport damage or technical problems of the product(s). In these cases, shipping costs will be assumed by IDS. The replacement will only be carried out after the product has arrived at our facilities and it had been checked for proper conditions and compliance with the conditions described above and the shipping costs for the new product(s) have been paid. This check is carried out as soon as the product has arrived at our facilities. If the product does not meet the above-mentioned requirements for return, the customer will be informed about the non-conformities detected via e-mail, with supporting pictures, within 24 hours after the product has been received at our facilities.

20. CANCELLATION OF ORDERS

20.1. The "Purchaser" may cancel the order before the shipment is carried out. If the "User" places an order and wishes to cancel it, he/she must first check the order status through the "My account" menu, located at the top right of the main page of the website www.ids-indesa.com, then click on "Order history", and if the order status mentions "Pending" or "Paid", the order can still be cancelled. To do so, the “User” may contact our Customer Support Service via our e-mail ids@ids-indesa.com, via social media services (Facebook or Instagram), or any other means that proves unequivocally the user's decision to cancel the order.

20.2. If the cancellation request is successful, the customer will be notified by e-mail of this decision and the cancellation will be processed at no cost to the customer. If the order has already been paid, the refund of the amount paid will be carried out within 48 hours.

20.3. In the case of a partial cancellation (one or more products of an order, but not the totality of the order), and if in the course of this partial cancellation, the total value of the order becomes lower than 39€, the customer will be informed that he/she will have to pay the value of the shipping costs (3.90€). If the customer maintains the interest in sending the order, the shipping costs will be subtracted from the amount to be returned.

20.4. If the request for cancellation is not possible because the order has already been shipped, the products will be sent to the "Purchaser" who, if he maintains his intention to cancel the order, must return these products under the conditions referred to in article 18 of this document.

20.5. Upon confirmation of the return and receipt of the product at the head office of IDS, the cancellation (refund) will be processed within 48 hours.

20.6. If the order is to be picked up at our facilities, it may be cancelled at any time. If the "Customer" has already paid for the products, he can receive the refund at our facilities, or he may keep the amount as a credit for purchases in the online shop, according to the customer’s preference.

21. CONDITIONS APPLICABLE TO PROMOTIONS (DISCOUNT AND/OR VOUCHER CODES)

21.1. When used in accordance with the established rules, a promotion code or discount voucher entitles the user to take advantage of a promotion/discount on the purchase of a specific product or for a set of products, during the period indicated/associated with the promotional code or campaign.

21.2. Promotional codes are personal and non-transferable and can only be used on online purchases carried out on the website. It is not permitted to sell, exchange or donate a promotional code. The customer who holds the promotional code may not upload or make available a promotional code on any website or any other public form related to offers, donations, sales or exchanges. The use of promotional codes for commercial purposes is not permitted.

21.3. The use of a promotional code is limited to one use per product and/or per order. Promotional codes are not combinable with any other promotions or special offers.

21.4. Promotional codes cannot be exchanged for cash and will not be re-issued or refunded.

21.5. Without prejudice to any other rights, IDS reserves the right to immediately invalidate the issued promotional code if IDS suspects that a promotional code is being used improperly, abusing the assumptions mentioned above.

22. VALIDITY PERIOD OF PROMOTION OR COMMERCIAL CAMPAIGNS

22.1. Promotional offers or commercial campaigns that are advertised on the website www.ids-indesa.com are valid only for the period and under the conditions that are mentioned in the datasheet of each article in promotion.

22.2. In the case of returns or replacements of goods which were purchased during commercial campaigns or promotions, you will only be credited or given the amount you effectively spent on the purchase of the product you wish to return or replace.

23. LIABILITY

23.1. IDS shall only be liable for damages suffered by the "Purchaser" in the event that such damages result from breaches of IDS’s contractual obligations towards the "Consumer", or in the event that the liability results from applicable law.

23.2. IDS cannot be held liable for any damages suffered by the "Purchaser" as a result of improper use of our products.

23.3. IDS is not liable for damages that result from incorrect information on the website or on the product itself.

23.4. All products that are commercialised by IDS are in compliance with Portuguese and European Community law.

23.5. IDS declines any responsibility in case of violation of the legislation of the country where the order is delivered. It is the Customer's responsibility to check with local authorities the conditions of import or use of the products he/she wishes to order.

24. INTELLECTUAL AND INDUSTRIAL PROPERTY

24.1. Any text, comment, piece of work, illustration, works and pictures reproduced or represented on the website www.ids-indesa.com are strictly reserved in terms of copyright as well as intellectual property rights for the whole world.

24.2. Accordingly to this, and under the terms of the Intellectual Property Code, the use of information is only authorised for private purposes, subject to contrary provisions including more restrictive provisions contained in the mentioned Code.

24.3. Any reproduction or representation, total or partial, of the website www.ids-indesa.com or of any element included in it, is strictly prohibited.

24.4. The corporate names, brands and distinctive signs reproduced in the website www.ids-indesa.com are protected under the terms of the legal provisions applicable to industrial property. The reproduction or representation of all or part of any distinctive sign is strictly prohibited and must be subject to prior written authorisation from the owner of the trademark.

24.5. If the "User" wishes to use information or materials from the website, he/she must receive prior written authorisation from IDS.

25. APPLICABLE LAW

25.1. The present Terms and Conditions and all disputes arising in connection with these general conditions, including their validity, the use of the website www.ids-indesa.com or any purchase carried out in this website shall be governed by Portuguese Law.

25.2. In case of a dispute regarding the interpretation or execution of these Terms and Conditions, IDS and the "Purchaser" agree to endeavour to reach an amicable solution, which is fair and adequate, within 60 (sixty) days from the reception of the communication addressed by any of the parties involved.

25.3. In the absence of an amicable solution, under the terms of the previous number, and in the event of non-compliance of these Terms and Conditions, both PARTIES agree that the place of jurisdiction shall be the Civil Court of Santarém, with express renunciation of any other.

26. AMENDMENT OF TERMS AND CONDITIONS

26.1. IDS has the right to amend these Terms and Conditions at any time. The "Purchaser" is subject to the principles and terms legally valid at the date of the order, unless any change to them is imposed by law or the competent authority.