These General Conditions of Online Sale govern exclusively the contractual relations between every customer using the website www.omacademy.pt (hereinafter referred to as the "Client") and the company OM Academy & Mind Spa, Lda., located at Rua Ruben A, 189, 4150-640 Porto, Portugal, enrolled with the VAT Number PT 517 020 947 (hereafter referred to as “OM Academy & Mind Spa”).

The general conditions of sale are the only applicable conditions and supersede all other conditions, except in the event other conditions are established, subject to prior agreement and in writing. OM Academy & Mind Spa may, at any time, alter these general conditions, hence they should be read whenever you access and intend to use the services on www.omacademy.pt (hereinafter referred to as the "Website"). We regard the client as having accepted our general conditions of sale whenever an order is validated, and after ticking the "I accept the general conditions of sale" box.

Clients should read and accept these Online Conditions before submitting their order. The submission of an order implies full knowledge and explicit acceptance of these General Conditions of Online Sale and of what is contained in the order. 

 

1.1. OM Academy & Mind Spa is owned by OM Academy & Mind Spa, Lda., located at Rua Ruben A, 189, 4150-640 Porto, Portugal, enrolled with the VAT Number PT 517 020 947; 

1.2. These General Conditions of Online Sale govern the purchase of products on the website www.omacademy.pt.

1.3. The Client will be identified through the data provided when registering on the website, for which the Client is solely responsible, and OM Academy & Mind Spa will not be held liable in the event false data is provided.  

1.4. The products for sale on the Website are intended for customers of legal age. Thus, whenever placing an order on the Website, the Client is providing a guarantee of being over 18 years of age and having the legal capacity to enter into business. 

 

2. PLACING ORDERS ON THE WEBSITE WWW.OMACADEMY.PT

2.1. Prior to placing an order, you need to confirm that you have read and accepted the General Conditions of Online Sale.

2.2. After submitting an order and effecting payment in accordance with the instructions provided, the Client will receive an e-mail confirming the order. As such, there is no agreement between the Client and OM Academy & Mind Spa until the order has been expressly accepted by OM Academy & Mind Spa through confirmation of the order and dispatch.

Upon confirmation of the order on www.omacademy.pt, an e-mail will be sent to the contact address registered by the Client when submitting the order, containing all the details on delivery, invoicing, payment information, products and values. OM Academy & Mind Spa suggests that all Clients confirm the details of their orders and their conformity with the order placed. In the event the Client does not receive the order confirmation e-mail, please contact OM Academy & Mind Spa through the following channels: telephone +351 939 472 491 or e-mail address: geral@omacademy.pt.

2.3. OM Academy & Mind Spa may, at its discretion, request further information in relation to the order by e-mail or telephone before submitting confirmation of the order and dispatch.

2.4. OM Academy & Mind Spa reserves the right not to process orders that give rise to doubts, that are incomplete, incorrect, or when the products are unavailable. In these cases, OM Academy & Mind Spa will notify the Client by e-mail of the reasons for which the order has not been processed and will immediately refund the amount paid within a maximum of 15 (fifteen) business days of the day on which the Client placed the order. 

2.5. With the exception of reasons due to force majeure, such as when the product is out of stock, OM Academy & Mind Spa will dispatch, through the channel chosen by the client, all orders within 30 (thirty) days of the date on which the order is confirmed.

2.6. OM Academy & Mind Spa reserves the right to refuse an order from a Client with which a litigation process or dispute in relation to a previous order is ongoing, or which has taken place previously. This also applies to all cases in which OM Academy & Mind Spa regards the Client as inappropriate, including, for example, previous violations of the General Conditions of Online Sales, or for any other reason, particularly if Client has been involved in any kind of fraudulent activity.

 

OM Academy & Mind Spa will strive, to the extent possible, to ensure that the photographs and images displayed on the site are accurate representations of the products. However, they are mere illustrations of the product, and there may always be differences such as shades of colour, shapes and even perspectives of size.   

 

The sale prices on the website are in euros, and included fees and taxes. 
The price does not include customs duties charged by some countries like Russia, Brazil and U.S. among others.

Delivery fees are borne by the client and charged at the end of the order in accordance with the products selected. They include taxes. In the event of withdrawal, delivery costs already paid by the Client will not be refunded.

OM Academy & Mind Spa reserves the right to change prices with no prior notice. However, the company undertakes to charge the amounts in effect at the time the order was registered on the website by the Client.

 

We provide the following payment methods for you to place an order on www.omacademy.pt: ATM, Visa and Mastercard. 

In the event the amount charged cannot be debited, the order will be cancelled automatically.

Orders placed on the website www.omacademy.pt will only be processed once payment has been cleared.  

6. AVAILABILITY

Whenever, due to a technical error, the sale of a product that is out of stock is allowed, OM Academy & Mind Spa undertakes to return the amount paid plus the respective delivery fee.

 

7.1. Products purchased on the Website are delivered to Mainland Portugal and the Islands and to European Union countries. Orders will be delivered to the address provided by the client at the time of purchase.

7.2. Each delivery is accompanied by the following elements: 

• Cash sale with a product description and any free gifts;

• Bill of lading.

7.3. Products will only be delivered on business days. 

7.4. Upon receipt of the products, the Client is responsible for checking the integrity of the packaging and inspecting it for any immediately evident damage (for example, a wet or damaged box, etc.). In this case the Client should refuse to accept the delivery and report any such damage immediately, ensuring the carrier is aware of the situation.   

 

8. PARTICIPATION IN PHYSICAL AND SPORTS PRACTICES

Participation in group or private physical and sporting classes scheduled through the website (trial classes, registration, class packs or workshops) requires knowledge and prior acceptance of the Regulations posted at the OM Academy Reception.
Law nº 5/2007, of January 16th - Basic Law of Physical Activity and Sport - considers in paragraph 2 of Article 40, in the scope of non-federated physical and sporting activities, that “it constitutes a special obligation of the participant to ensure , previously, that you do not have any contraindications for its practice”. Therefore, it is no longer mandatory to present a medical examination for non-federated practice, and it is up to the participant to ensure that they do not have any contraindications to the practice of physical and sporting activity in which they intend to engage.
Participants in group or private classes at OM Academy recognize that the practice of physical and sporting activities involves risk and assume responsibility for these risks. Participants assume that they have no contraindications for practicing the physical and sporting activities in which they sign up. If participants have or will have contraindications for practicing sports, they must expose and discuss these limitations with those responsible for the OM Academy and the respective teacher, without prejudice to the fact that the decision to participate in sports is always up to the participant, who assumes the risks inherent to this practice.

9. RETURNS

9.1. The Client should return the products within 14 (fourteen) days of the date on which the order is delivered. 

9.2. These products must be returned in their entirety, packaged exactly as delivered, complete with all accessories, cards and labels. They must not have been used, worn, washed, soiled or damaged.

9.3. In the event the Client exercises his right of withdrawal, OM Academy & Mind Spa will strive to effect an refund as quickly as possible, however this timeframe will depend on the technical assessments to be conducted of the material, with a maximum period of 15 days (counting from the date on which the goods arrive at our premises).

Once the technical assessment has been conducted, the client will be refunded by bank transfer or via the same method used to pay for the order.

9.4. If the right of withdrawal is exercised without complying with the procedures specified in this item 7, the Client will not be entitled to a refund. The Client may, within 10 days of the notification of non-acceptance of the returned goods and the respective reasons for such a decision, by replying to the same e-mail, choose to repurchase the returned products, bearing the delivery costs. Otherwise, the Seller may legally withhold the returned products, in addition to the amount already paid for the purchase.

 

In the case of products, cancellations can be made before they are shipped. After shipment, the Customer may proceed with the return under the terms of the "Returns" section. Group classes can be canceled up to 2 hours before the start of the class. In the case of personalized services such as massages, therapies or private events (birthday parties, bachelor parties, team building events or others) up to 4 people can be canceled up to 24 hours in advance. Private events with 5 or more people can be canceled up to 72 hours in advance.

 

All products sold are guaranteed pursuant to the law.  

OM Academy & Mind Spa undertakes to repair goods, whatever the problem related to the manufacture of the product. In order to enforce the guarantee the client needs to submit a copy of the invoice. If a product cannot be repaired or replaced, the client will be entitled to cancel the purchase and sale agreement and to a refund of the price paid, however, always subject to the product purchased being returned.

 

Guarantees for products sold by OM Academy & Mind Spa do not cover:

- the abnormal or improper use of the products;

- damage caused by external factors.

 

The courts of the district in which the Client is domiciled are hereby elected to settle any dispute arising from the interpretation or execution of these General Conditions of Online Sale. However, in the case of proceedings filed by the Client, he may choose between the courts of the district in which he/she is domiciled and the courts of the district in which OM Academy & Mind Spa is domiciled.

OM Academy & Mind Spa will not be held liable for any delays arising from events of force majeure, such as disruptions, strikes, both total and partial, non-compliance of the postal services and transport or communications companies, floods, fires or states of war.

OM Academy & Mind Spa  will not be held liable for any indirect damages that may occur, more specifically, loss of income, lost opportunities, and for loss or the payment of fees that may arise from the purchase of any product on the website.