Terms of service

Last updated: 09/12/2024

1. Introduction

The website shop.freemadeira.org ("website" or "site") is operated by FREE Madeira. Throughout the site, the terms “we,” “us,” and “our” refer to FREE Madeira. FREE Madeira offers this website, including all information, tools, and services available, subject to your acceptance of these Terms of Service (“Terms”), along with any additional terms, conditions, and policies referenced herein or available via hyperlink.

FREE Madeira (Associação FREE Madeira - Fórum Regional para a Educação Económica) is a non-profit organisation based at Rua das Mercês, 41, 9000-224 Funchal, Madeira Island, Portugal, with Portuguese Fiscal Number 517116669. As a non-profit association, FREE Madeira is not subject to commercial registration. For any inquiries, you may contact us through the website’s contact form or via email at info@freemadeira.org.

This website promotes and sells a curated selection of products, including items related to Bitcoin and decentralized solutions. By using our website or purchasing from us, you agree to these Terms and enter into a contract with FREE Madeira upon placing an order.

These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content. Your use of the website is also governed by the Privacy Policy and any other applicable terms.

Any new features or tools added to the store will also be subject to these Terms. You are responsible for periodically reviewing this page for updates, as FREE Madeira reserves the right to revise these Terms by posting updates or changes on the website without prior notice. Your continued use of or access to the website following changes constitutes your acceptance of the revised Terms. The Terms in effect at the time you place an order will govern that purchase.

Our store is hosted by Shopify Inc., which provides us with the e-commerce platform to sell our products and services.

2. Website Usage

2.1. Permitted Use

  • Eligibility to Use the Website:
    By agreeing to these Terms, you confirm that you are either:
    (i) at least the age of majority in your state or province of residence, or
    (ii) the age of majority in your state or province of residence and have provided your consent to allow your minor dependents to use this site.
  • You agree not to use our products or services for any illegal or unauthorized purposes.
  • In using the Service, you must comply with all applicable laws in your jurisdiction, including, but not limited to, copyright and intellectual property laws.
  • You must not transmit any worms, viruses, or any code of a destructive nature through our website or services.

2.2. Restrictions on Use

  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission from us.
  • Unauthorized attempts to gain access or misuse are strictly prohibited.

2.3.    Intellectual Property Rights

  • All content on the website, including text, graphics, logos, and software, is the property of FREE Madeira or its licensors.
  • Unauthorized use of intellectual property is prohibited.

2.4. General Conditions

  • Any breach or violation of these Terms may result in the immediate termination of your access to the Service.
  • We reserve the right to refuse service to anyone, for any reason, at any time.

2.5. Accuracy and Availability of Information

  • We are not responsible if the information made available on this website is inaccurate, incomplete, or outdated.
  • The material on this website is for general information purposes only and should not be relied upon as the sole basis for decision-making without consulting more accurate or up-to-date sources.
  • Historical information on this site is provided for reference only and may not reflect current conditions.
  • We reserve the right to modify site content at any time but are under no obligation to update information. You agree it is your responsibility to monitor changes.

2.6. Modifications to Services and Prices

  • Prices for our products are subject to change without notice.
  • We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
  • We are not liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Service.

3. Privacy Policy

FREE Madeira ("we," "us," or "our") is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, and share your personal information when you interact with our website, shop.freemadeira.org, and its services ("Services"). We collect information directly from you, such as contact details, order information, and customer support inquiries, as well as usage data through cookies and similar technologies. We may also receive information from third parties like payment processors or service providers. Your data is used to process orders, provide services, improve your experience, comply with legal obligations, and communicate with you. We may share your information with third parties for service delivery and security purposes but do not sell sensitive data. You have rights regarding access, correction, deletion, and managing communication preferences. For details on cookies, international transfers, or complaints, please contact us at info@freemadeira.org. This policy may be updated periodically, and your continued use of our Services signifies acceptance of any changes.

To better understand how we process your personal information, please read our complete Privacy Policy, which can be viewed here.

4. Products and Pricing

4.1. Modifications to Services and Prices

We have made every effort to display as accurately as possible the colors and images of our products as they appear in the store. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products we offer.

All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offer for a product made on this site is void where prohibited.

We do not warrant that the quality of any products, information, or other material purchased or obtained from us will meet your expectations, nor do we guarantee that any errors in the service will be corrected.

4.2. Accuracy of billing and customer information

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, using the same credit card, and/or orders that use the same billing or shipping address.

In the event we make a change to or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at the time the order was placed. We also reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase, billing, and shipping information for all purchases made through our store. Furthermore, you agree to promptly update your information—including email address, postal address, credit card numbers, and expiration dates—so that we can complete your transactions and contact you as necessary.

Refer to our Refund Policy for more information regarding refund conditions.

5. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to these tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We shall not be liable for any issues arising from or related to your use of such optional third-party tools.

Your use of these optional tools offered through the site is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and agree to the terms under which these tools are provided by the relevant third-party provider(s).

In the future, we may introduce new services, features, or tools through the website (including the release of new resources). These new features or services will also be subject to these Terms of Service.


6. Third-Party Links

Certain content, products, and services available through our service may include materials from third parties.

Third-party links on this site may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party websites, and we do not warrant or assume liability for any third-party materials, websites, or their associated products or services.

We will not be liable for any harm or damages arising from your use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review the third party’s policies and practices carefully and ensure you understand them before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.


7. Order Process

7.1. Eligibility to Order

To place an order on our website, you must be at least 16 years old or meet the minimum legal age required by applicable law to enter into a binding agreement with FREE Madeira. Additionally, you must be acting as a consumer (not for resale purposes) when placing your order.

7.2. No purchase for resale

This website is intended exclusively for the sale of FREE Madeira products and selected third-party products directly to end consumers. The resale of products purchased from this website is strictly prohibited. "Purchase for resale" refers to the act of buying products with the intent to resell them, whether to consumers, businesses, or third parties. If we suspect that you are purchasing with the intent to resell, we reserve the right to take appropriate action, including limiting your purchases, cancelling orders, or suspending or closing your account.

7.3. How to Order

To place an order on our website, you will first need a valid email address. Additionally, please ensure your browser is set to accept functional cookies and pop-ups to use all the features of our website. These settings allow you to add products to your shopping cart and complete your order.

To complete your order, we will ask for relevant information, such as your name, delivery address, phone number, and fiscal number (if an invoice is required).

Once you submit an order, we will send you an email acknowledging receipt. Our acceptance of your order occurs when the products are shipped, at which point we will send you a shipping confirmation email. At this stage, a contract, including these Terms of Sale, will be formed between you and us (the “Contract”), and it will be legally binding. We recommend that you print or save a copy of these Terms of Sale and your order confirmation for future reference.

Please read our Privacy Policy to better understand how we will store and use your personal information.

If we are unable to fulfill your order for any reason, we will inform you in writing, and your order will not be processed.

7.4. Our right to reject your order or cancel a contract

Fulfillment of all orders on the website is subject to availability. We explicitly reserve the right not to accept your order for any reason. Additionally, we reserve the right to cancel a contract by written notice to you in the following situations, without being liable for any damages or costs other than repayment of any amount received from you in relation to the contract we canceled:

  • The product is not available/in stock;
  • Your billing information is incorrect or unverifiable;
  • Your order is flagged by our security systems as unusual or potentially fraudulent;
  • You are under 16 years old;
  • You are a reseller;
  • There was an error in the price displayed on the website;
  • We could not deliver to the address provided by you;
  • Due to an event outside our control (see below).

7.5. Data Check

Before fulfilling your order, we may conduct verification checks, including address validation and fraud screening. If fraudulent activity is suspected, we will investigate and, if necessary, take appropriate legal action.


8. Payment Terms

8.1. Accepted payment methods

We accept bitcoin, both Lightning and On-chain. We also accept Fiat payments, such as the main credit card companies (Visa, MasterCard, etc.), Google Pay, and Apple Pay. We do not accept any payment methods other than those specified. Please refrain from attempting to pay through any other method, as we will not be liable for lost payments or any resulting damages.

8.2. Security of transactions

We take the security of your transactions seriously. All payments on our website are processed through secure, encrypted payment gateways. We use the latest industry-standard encryption protocols to protect your personal and payment information during transmission. However, while we use reasonable measures to protect your information, please be aware that no method of transmission over the internet is completely secure. By making a payment, you acknowledge and accept the risks associated with online transactions.

8.3. Title transfer

Ownership of the product(s) remains with FREE Madeira until full payment for the product(s) has been received and processed. Only upon full payment will ownership be transferred to the customer.

8.4. Prices and currency

All product prices displayed on the website include Value-Added Tax (VAT), where applicable. Shipping rates are applied per order and vary based on the delivery destination. For detailed shipping rates by country, please refer to the Delivery and Returns section of the website.

Please note that if your delivery address is outside of the European Union (EU), customs duties or import taxes may apply, which are the responsibility of the customer.

8.5. Your total price

The total price at checkout includes the product price, applicable taxes, and shipping costs. This total will be reflected in your Order Confirmation, which we recommend you print or download for your records. The price shown at checkout is the final price you will pay for your order.

8.6. Price changes

The prices displayed on the website are the current prices at the time of purchase. While prices may change periodically, any confirmed orders will not be affected by subsequent price changes. The price in your Order Confirmation is final. If promotional or discount codes are applied to an order, the final price will include these reductions, but once the order is confirmed, no further price changes will apply.


9. Shipping and Delivery

All products are shipped from Madeira Island, Portugal. Once your order is received, processing and sending your order may take up to 5 business days. Please note that delivery times may vary depending on your location.

9.1. Shipping Countries

We ship to most European countries. If you live in Europe and you can’t find your country in the checkout page, please contact us at shop@freemadeira.org.

Currently, and due to the economic embargo, we are not shipping to Russia.

9.2. Estimated delivery times

Shipping fees and delivery times will vary depending on your location.

9.3. Shipping fees and responsibility for customs/duties

Please note that if your delivery address is outside of the European Union (EU), customs duties or import taxes may apply, which are your responsibility, as the customer.

9.4. Inspection upon delivery

Upon receiving your delivery, we recommend inspecting the packaging for any visible damage. If the packaging appears damaged, please refuse to accept the shipment and notify us immediately.

9.5. Non-claimed orders

If you don’t claim your order, it will be returned to its origin (our headquarters in Madeira Island), and there will be return costs. You may contact us to schedule another delivery, in which case the returning costs and the new shipping costs will be charged to you.

If you opt for a refund of your order, keep in mind that the delivery fees won’t be reimbursed and we will charge you the returning shipping costs, refunding the remaining amount of your order.


10. Returns, Refunds, and Exchanges

10.1. Right to Withdraw from the Contract

To exercise your right to withdraw from the contract, please contact us via email or the contact form on shop.freemadeira.org with an unequivocal statement of your decision (e.g., a letter sent by email). To meet the cancellation deadline, it is sufficient to send your communication regarding the cancellation before the cancellation period expires. Once we have received your cancellation request, we will confirm receipt and begin the refund process as per our return policy.

Note: The 14-day period begins when you or a third party designated by you (excluding the carrier) takes physical possession of the last product in your order, not necessarily when the entire order is delivered.

10.2. Situations Not Covered by the Right to Withdraw

Please ensure that the product(s) you return are in the same condition as when you received them. Any products that show signs of use beyond trying them on (such as worn clothing or shoes) cannot be returned. If the product's condition has diminished due to misuse, such as wearing it outside or washing it, we may withhold part or all of the refund to cover the diminished value. All product instructions, labels, documents, and packaging must also be returned.

We cannot reimburse products in the following cases:

  • Underwear: For hygiene reasons we reserve the right not to provide a refund for this purchase.
  • Hardware: For security reasons we reserve the right not to provide a refund for this purchase.

10.3. Effects of Contract Cancellation

Upon receiving the returned product(s), we will reimburse you for the cost of the product(s) and any standard shipping charges paid at the time of purchase. However, we will not cover any return shipping costs, which are your responsibility. Refunds will be issued using the original payment method. If you paid via bank transfer, please provide your bank account details when initiating the return so that we can refund the amount directly to your account.

Note: Refunds will be processed within 14 days of receiving the returned product(s), but the refund may take longer depending on your payment provider.

The returned products must be shipped to the following address:

Rua das Virtudes, 45
9000-645 Funchal, Madeira Island, Portugal

10.4. Exchanges

If you would like to exchange a product for a different size, color, or variant, please contact us via email or the contact form on shop.freemadeira.org within 14 days of receiving your order. Please note that exchanges are subject to product availability. You will need to return the original product in accordance with our return policy before we can process the exchange.

Important: You will be responsible for the shipping costs for both the return of the original product and the delivery of the exchanged item. Once we receive and verify the returned product meets the conditions outlined in our returns policy, we will send the replacement item.


11. Warranty

11.1. Legal Warranty for Defective or Non-Conforming Products

If the products you receive are defective or do not conform to your order, you are entitled to return them. If your claim is justified, we will refund the full purchase price along with any shipping costs.

In accordance with EU law, we are liable for any lack of conformity that becomes apparent within a minimum of three years from the date of delivery. During this period, you have several statutory rights that protect you, and nothing in these terms affects or limits those rights. You are entitled to request a free repair, replacement, or refund if the product is defective or does not conform to your order within this three-year period.

11.2. Defective or Incorrectly Delivered Products

Your product is covered for three years from the date of delivery for any defects or non-conformities. If the product arrives damaged or does not match the description (wrong product or wrong specifications), you have the right to request:

  • A replacement or repair of the product.
  • A full refund if the product cannot be repaired or replaced within a reasonable time.

During the first two years after delivery, it is presumed that any defect existed at the time of delivery, and you do not need to provide proof of this. After this period, you may need to demonstrate that the defect was not caused by misuse or normal wear and tear.

11.3. Returning the Products

Please ensure that the products you return are complete (e.g., both items in a pair) and have not been used beyond what is reasonably necessary to decide if you want to keep them. For instance, you may try on clothing or shoes to check the fit, but they must not be worn or washed. If the product is returned in a diminished condition due to misuse, we may hold you liable for any reduction in value.

11.4. Refund Process

If you choose to return a defective or incorrect product, we will reimburse all payments received, including delivery costs (except for any additional costs incurred if you chose a more expensive delivery option than our standard one). Refunds will be made without undue delay and no later than 30 days from the day you inform us of your decision to return the product. We reserve the right to withhold the refund until we receive the returned product.

The product(s) must be shipped to the following address after informing us of your decision to return them:

Rua das Virtudes, 45
9000-645 Funchal, Madeira Island, Portugal

11.5. Refund Information

Refunds will be issued to the original form of payment. If you paid by bank transfer, please provide your bank details to our Customer Service when initiating the return so we can process the refund directly to your account. Refunds may take up to 14 days to appear, depending on your payment provider.

12. Events outside our control

An "Event Outside Our Control" refers to any act or event beyond our reasonable control. This includes, but is not limited to, strikes, lock-outs, or other industrial actions by third parties, civil commotion, riots, invasions, terrorist attacks or threats, war (whether declared or not), fire, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics, and other natural disasters, as well as failures in public or private telecommunications networks.

If an Event Outside Our Control occurs that affects our ability to fulfill our obligations under these Terms of Sale:

a) We will contact you as soon as reasonably possible to notify you; and
b) Our obligations under these Terms of Sale will be suspended, and the time for fulfilling our obligations will be extended for the duration of the Event Outside Our Control.

If the Event Outside Our Control affects the delivery of a product to you, we will arrange a new delivery date once the event has concluded. You may cancel the contract if an Event Outside Our Control occurs, and you no longer wish to receive the products.


13. Other important terms

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale. You may only transfer your rights or obligations under these Terms of Sale to another person with our prior written consent.

If any paragraph of these Terms of Sale is deemed unlawful or unenforceable by a court or relevant authority, the remaining paragraphs will continue in full force and effect, and the invalidated paragraph will be replaced with a valid one that reflects the original intent.

If we fail to insist on the performance of any of your obligations under these Terms of Sale, or do not enforce our rights against you, or delay in doing so, this will not constitute a waiver of our rights against you. Any waiver of a default must be made in writing, and such waiver will not automatically apply to any subsequent defaults.

Please note that, in accordance with applicable regulations, we will not retain a copy of the contract between us after the transaction has been completed.


14. Dispute resolution

In the event of any disputes or claims arising from or related to your order, these Terms of Sale, or the contract formed, we encourage you to first contact us via email at shop@freemadeira.org or the contact form on our website to seek an amicable resolution.

Applicable Law: This contract is governed by the laws of Portugal, without regard to its conflict of laws principles.

14.1. Court jurisdiction

Any disputes arising out of or in connection with your order, these Terms of Sale, or any contract formed will be governed by the laws of Portugal, and the courts located in Funchal, Madeira Island, shall have exclusive jurisdiction to resolve such disputes.

Consumer Rights: If you are a consumer residing in a different EU member state, you may also have the right to bring claims in your local courts or access alternative dispute resolution mechanisms as provided under EU regulations.

14.2. Alternative dispute resolution

We encourage you to contact us first to resolve any issues amicably. Additionally, you have the option to use alternative dispute resolution (ADR) methods. More information on ADR is available on the European Commission's website.

Consumer Rights: As a consumer, you have the right to contact consumer protection authorities for assistance in resolving disputes.

All rights recognized by applicable law will be upheld.