1. WHAT IS THE PRIVACY POLICY?

This Privacy Policy (hereinafter the "Policy") aims to provide all Users with detailed information about the nature of the Personal Data collected and their respective processing purposes, thereby fulfilling their right to information and reinforcing the transparency of the activities carried out on the following website: www.posto5swimwear.com (hereinafter the "Site") in accordance with the provisions of the General Data Protection Regulation (Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016) and the Personal Data Protection Law (Law no. 58/2019, of August 8), and other applicable legislation.

2. WHO IS THE DATA CONTROLLER?

The controller of Personal Data is the company Verão Contagiante, Lda. (hereinafter "Posto 5"), with headquarters at Largo da Estação, Edifício Vougapark Sala 100.2., 3740-070 Paradela.

3. WHAT PERSONAL DATA IS COLLECTED ON THIS POSTO 5 WEBSITE?

Accessing and browsing the Site does not necessarily imply the provision of Personal Data. However, certain functionalities do require it, such as ordering an item.

Posto 5 collects and processes Users' Personal Data for the purposes for which they were collected. Thus, the following data are collected:

• Identification data: name; date of birth;
• Contact data: email; phone number;
• Shipping data: address;
• Billing data: VAT number.

Note that other Personal Data that may be necessary or convenient for Posto 5's intervention may be collected.

Cookies may also be collected, information about which is available in the Cookie Policy.

4. WHAT ARE THE PURPOSES, LAWFULNESS BASES, AND RETENTION PERIODS?

In general terms, Posto 5 uses the User's Personal Data for the following purposes:

Purpose

Lawfulness Basis

Retention Period

Order shipment and delivery

Consent

6 months in case of subscription cancellation

Newsletter

Consent

6 months after request completion

Site Management and Visit Tracking

Consent and Legitimate Interest (applicable in specific cases)

Up to 2 years after collection, according to our Cookie Policy

5. DISCLOSURE OF PERSONAL DATA

The Personal Data collected is not shared with third parties without the User's consent, except in the following situations:

• Communications required by law, in compliance with a legal obligation to which Posto 5 is subject;
• Service Providers acting as Subprocessors (cf. points 6.1. and 6.2. of this Privacy Policy).

5.1. WHAT IS A SUBPROCESSOR?

It is an entity that processes Personal Data on behalf of and in the name of Posto 5, i.e., under its instructions.

5.2. ARE THERE SUBPROCESSORS FOR THE PROCESSING OF PERSONAL DATA?

In the context of processing User Data, Posto 5 uses or may use third-party entities, subcontracted by it, to process User Data on its behalf and according to its instructions, in accordance with similar principles established in this Policy and in line with applicable data protection legislation.

These subcontracted entities may not transfer User Data to other entities without Posto 5's prior written authorization, and are also prevented from contracting other entities without Posto 5's prior authorization.

Whenever applicable, Posto 5 undertakes to only subcontract entities that offer maximum security in the implementation of appropriate technical and organizational measures, in order to guarantee the defense of the User's rights.

6. IS THE PERSONAL DATA COLLECTED AND PROCESSED BY POSTO 5 SECURE?

6.1 COMPLIANCE WITH DATA PROTECTION PRINCIPLES

In terms of general principles regarding the processing of Personal Data, Posto 5 commits to ensuring that the User Data it processes are:

• Processed lawfully, fairly, and transparently in relation to the User;
• Collected for specified, explicit, and legitimate purposes, and not further processed in a manner that is incompatible with those purposes;
• Adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed;
• Accurate and updated whenever necessary, with all necessary measures being taken to ensure that inaccurate data, having regard to the purposes for which they are processed, are erased or rectified without delay;
• Kept in a form that permits identification of the User for no longer than is necessary for the purposes for which the data are processed;
• Processed in a manner that ensures their security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, by implementing appropriate technical or organizational measures.

7. IS DATA TRANSFERRED OUTSIDE THE EUROPEAN ECONOMIC AREA?

There are no international transfers of User Data to countries outside the European Economic Area. If, in the future, such a transfer occurs, Posto 5 undertakes to ensure that the transfer complies with the applicable legal provisions, namely regarding the determination of the adequacy of such country with respect to data protection and the requirements applicable to such transfers under the General Data Protection Regulation.

8. WHAT ARE THE USERS' RIGHTS?

Users, as data subjects, are recognized the following rights:

• Right of Access: the right to obtain confirmation as to whether or not Personal Data concerning the User is being processed, and, where that is the case, access to the Personal Data and to certain information.
• Right to Rectification: the right to rectify inaccurate Personal Data concerning the User or to have incomplete Personal Data completed.
• Right to Erasure: the right to obtain the erasure of their Personal Data without undue delay, provided there are no valid grounds for their retention, such as cases where they must be retained to comply with a legal obligation or because judicial proceedings are underway.
• Right to Restriction of Processing: the right to request the restriction of the processing of their Personal Data, in the form of suspension of processing or limitation of the scope of processing to certain categories of data or processing purposes, as per Article 18 of the General Data Protection Regulation.
• Right to Data Portability: the right to receive the Personal Data concerning them, which they have provided, in a structured, commonly used, and machine-readable format and/or the right to have those data transmitted to another controller.
• Right to Object: the User's right to object at any time to the processing of data concerning them, provided there are no legitimate reasons for such processing that override the User's interests, rights, and freedoms, or for the establishment, exercise, or defense of legal claims.

The User may also withdraw their consent, for processing activities that depend on obtaining consent, without such withdrawal invalidating the processing of data while consent is in force.

9. HOW CAN USERS EXERCISE THEIR RIGHTS AND/OR COMPLAIN?

Requests for the exercise of rights by Personal Data subjects should be sent to the email info@posto5.pt.

Posto 5 will respond through the means by which the User exercised their right within a maximum period of one month from the receipt of the request, except in cases of particular complexity, where this period may be extended up to two months with a duly justified reason from Posto 5.

Finally, and without prejudice to being able to submit complaints directly to Posto 5 through the contacts provided for this purpose, the Personal Data subject may complain directly to the National Data Protection Commission (CNPD), using the contacts provided by this entity at www.cnpd.pt.

10. ARE COOKIES COLLECTED AND USED?

When you visit the Posto 5 Site, a small text file (Cookie) is created and saved on your computer's hard drive. Cookies are useful because they allow the Site to recognize the User's device, allowing them to navigate efficiently through the pages, also remembering their preferences and generally improving the User's experience. Some of the cookies issued by the server will only last for the session and will expire when you close the browser or application.

Most browsers and applications automatically accept cookies. You can modify your browser settings to not accept them or to be notified each time a cookie is created. If you wish to delete them or automatically block them, in the "Help" menu of your browser, you will find how to make these settings.

To learn more about the Cookies collected by Posto 5, please consult the Cookie Policy.

11. PERSONAL DATA BREACHES

In the event of a data breach and insofar as such a breach is likely to result in a risk to the User's rights and freedoms, Posto 5 undertakes to communicate the Personal Data breach to the CNPD within 72 hours of becoming aware of the incident. If the risk is high, Posto 5 guarantees communication to Users, without undue delay, and by the means it deems necessary, taking into account the mitigation measures taken.

12. CHANGES TO THE PRIVACY POLICY

Posto 5 reserves the right to change this Privacy Policy at any time. If the change is substantial, a notice will be placed on the Site.

13. APPLICABLE LAW AND JURISDICTION

Any disputes arising from the validity, interpretation, or execution of the Privacy Policy, or related to the collection, processing, or transmission of Personal Data, shall be submitted exclusively to the jurisdiction of the courts of the district of Aveiro, without prejudice to applicable mandatory legal norms.

Last updated: 26/03/2025

1. WHAT IS THE COOKIE POLICY?

This Privacy Policy (hereinafter "Policy") aims to inform you, clearly, completely, and accurately, about the different cookies, both proprietary and third-party, their purposes, as well as the different means you can use to accept, configure, or refuse their installation, if you so wish, on the following website: www.posto5swimwear.com (hereinafter "Site"), belonging to the company Verão Contagiante, Lda. (hereinafter "Posto 5"), under the terms provided in Article 5 of Law no. 41/2004, of August 18, regarding the processing of personal data and the protection of privacy in the electronic communications sector, in conjunction with the General Data Protection Regulation (Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016) (hereinafter "GDPR") and the Personal Data Protection Law (Law no. 58/2019, August 8), and other applicable legislation.

2. WHAT LEGITIMIZES POSTO 5 TO USE COOKIES ON THE SITE?

The legitimacy for the use of strictly necessary cookies lies in the need to transmit a communication over an electronic communications network or to provide an information society service expressly requested by the User, in accordance with the provisions of Article 5, no. 2 of the Personal Data and Privacy in Telecommunications Law.

The legitimacy for the use of any other categories of cookies, for analytical, functional, and advertising purposes, depends on the User's prior and express consent, in accordance with the provisions of Article 5, no. and of the Personal Data and Privacy in Telecommunications Law and Article 6, no. 1, paragraph a) of the GDPR. Such consent must be collected upon the User's first visit to the Site, and will be renewed periodically (at most, every two years) or whenever the User clears their browsing history in their browser.

3. WHAT IS A COOKIE AND WHAT IS ITS PURPOSE?

A "cookie" is a small file stored on the User's computer, tablet, smartphone, or any other device with information about their browsing. The set of "cookies" from all Site Users helps Posto 5 to improve its quality, allowing it to control which pages are useful, which are not, and which are susceptible to improvement.

Cookies are essential for the functioning of the Internet, bringing numerous advantages in providing interactive services, facilitating the User, among other things, browsing and using the Site, including the possibility for Posto 5 to recognize them, store and retain information related to their browsing habits, and obtain information or customize the way content is displayed.

Under no circumstances can cookies damage the User's equipment. On the contrary, if active, they can help Posto 5 identify and resolve errors.

4. WHAT TYPES OF COOKIES ARE THERE?

1. According to the entity that manages them:

• First-party cookies: These are installed on the User's equipment from Posto 5's equipment or domains and from which we provide the requested service.
• Third-party cookies: These are installed on the User's equipment from equipment or a domain not managed by Posto 5, but by another entity/partner.

1. According to the period of time for which they remain active:

• Session cookies: These are temporary cookies that remain in the User's browser cookie file until they leave the website. The information obtained through these cookies is intended to analyze Internet traffic patterns. In the long term, these cookies allow Posto 5 to improve content and facilitate the use of the Site.
• Persistent cookies: These are stored on the hard drive and the Site reads them every time the User makes a new visit to the Site. A persistent cookie has a defined retention period, after which the cookie will stop working. Usually, these cookies are used to facilitate User registration or form filling.

1. According to their purpose:

• Strictly necessary: These cookies are necessary to enable correct navigation on the Site and ensure that content loads effectively, allowing the correct use of different options or services.
• Analytical: These cookies allow the tracking, monitoring, and analysis of User navigation and behavior. This information is used to measure the activity of websites and to introduce new functionalities to the Site.
• Functionality: They allow storing information related to User preferences to improve the quality of services provided and to offer a better experience, different from that of other Users, according to previously customized parameters, such as language, the number of results to display, the appearance of content, etc.
• Advertising (behavioral): These cookies are used to store information related to User behaviors obtained through continuous observation of their browsing habits. Thanks to these cookies, Posto 5 can know the Site's browsing habits and display advertising related to the User's browsing profile.

5. HOW LONG WILL POSTO 5 RETAIN THE INFORMATION?

Posto 5 will retain the information collected through the cookies used on the Site for as long as it is necessary for the provision of the requested service or the transmission of a communication through an electronic communications network (strictly necessary cookies) or until the User disables or deletes the installed cookies and, in any case, for a maximum period of two years from the User's access to the Site (for the remaining categories of cookies). In these cases, the information will remain duly blocked for its exclusive use in the context of the exercise or defense against legal or contractual claims. Once this period has elapsed, the information will be permanently deleted.

6. HOW CAN YOU ACCEPT, CONFIGURE OR REFUSE THE SITE'S COOKIES?

The User can allow, block, or delete the cookies installed on their equipment by configuring the options of their Internet browser. If the User does not allow the installation of cookies in their browser, it is possible that they may not be able to access some services and their experience on the Site may be less satisfactory.

In the following hyperlinks, Posto 5 provides the necessary information for the User to configure or disable cookies in any type of browser:

• Google Chrome
• Mozilla Firefox
• Microsoft Edge
• Safari
• Safari for IOS (iPhone and iPad)
• Chrome for Android

Posto 5 is not responsible for the content or veracity of the privacy policies that may be presented by the third parties mentioned in this Cookie Policy. Internet browsers are tools responsible for storing cookies, and it is from this place that the User must exercise their right to delete or disable them. Posto 5 cannot guarantee the correct or incorrect control by said browsers. In some cases, it is necessary to install cookies for the browser to register the User's decision to refuse cookies.

7. PRIVACY POLICY

To consult the remaining information regarding the processing of your personal data, as well as that referring to your rights and how to exercise them, the User must access the Privacy Policy.

8. CHANGES TO THE COOKIE POLICY

Posto 5 reserves the right to change this Cookie Policy at any time. If the change is substantial, a notice will be placed on the Site.

Therefore, we recommend the User to read this policy when accessing the Site to ensure that they are adequately informed about the cookies used therein, how they are used, and for what purposes.

9. APPLICABLE LAW AND JURISDICTION

Any disputes arising from the validity, interpretation or execution of the Cookie Policy, or related to the collection, processing or transmission of Personal Data, must be exclusively submitted to the jurisdiction of the judicial courts of the district of Aveiro, without prejudice to the applicable mandatory legal rules.

Last updated: 26/03/2025

1. GENERAL

This document establishes the General Terms and Conditions of Sale for the website www.posto5swimwear.com (the "Site"), owned by Verão Contagiante, Lda., a limited liability company with headquarters at Edifício Vougapark, Sala 100.2, Largo da Estação 3740-070 Paradela, Portugal, registered with the Commercial Registry Office under the single registration and corporate number 518382036 ("Posto 5").

Posto 5 reserves the right to modify, at any time and without prior notice, these General Terms and Conditions of Sale, to adapt them to current legislation. The purchase of any product on the Site implies acceptance of these General Terms and Conditions of Sale.

2. PRODUCT AND PRICE INFORMATION

On the Site, we provide detailed information about the essential characteristics of our products, including technical descriptions and illustrative photographs. However, product colors may vary depending on the User's monitor and technology used, and Posto 5 is not responsible for any inaccuracies resulting therefrom. When purchasing products made from patterned fabric, please note that the placement of the pattern will vary from product to product and will not exactly match what you saw on the Site, although the fabric pattern will be the same as what the User viewed on the Site.

The User can consult the "Size Guide," available in the description of each product, to find out the different measurements. The choice of the correct size, also considering the elasticity of the fabrics, is the sole responsibility of the User.

The prices indicated on the Site are in euros, with taxes included. The VAT included in all mentioned prices corresponds to the current rate. The prices and promotions presented on the Site may fluctuate, and their availability may be subject to limited periods.

3. SHIPPING COSTS

Products are shipped via Batch, DHL, or CTT delivery partners, depending on the destination. The shipping cost is added to the total order value for orders up to €150. For orders above €150, shipping costs are covered by Posto 5 and are free for the consumer. For purchases outside the European Union, the recipient will be responsible for customs duties, VAT, and other applicable fees in the destination country. Order prices are valid at the time of purchase and payment. Posto 5 may change prices at any time, but these changes will not affect already confirmed orders. For orders up to €150, the shipping cost is as follows:

• Mainland Portugal: €4.5
• Portuguese Islands: €8.5
• Spain: €6.5
• Europe: €15
• United Kingdom: €15

4. SHIPPING AND DELIVERY TIMES

Delivery times are counted from dispatch and exclude weekends and holidays. Times are estimates only and may vary depending on the destination and carrier.

• Portugal: 1-2 business days
• Portuguese Islands: 4-7 business days
• Spain: 1-4 business days
• Europe: 3-8 business days

5. PAYMENT

Orders become effective after payment is made through one of the payment methods provided by Posto 5 for online purchases on the Site (credit or debit card, ApplePay, or GooglePay).

Orders will only be processed after payment confirmation. Posto 5 is not responsible for delays or failures in payment authorization by the card issuer or chosen platform.

If payment is not processed successfully, the order will be considered canceled.

6. ORDER PROCESSING

Posto 5 processes orders from Monday to Friday, excluding holidays and weekends. Orders are shipped within 24 to 48 business hours after purchase, except during holiday periods or weekends, when processing will occur on the next business day.

The User will be notified by email as soon as the order is shipped, including the tracking code.

7. ORDER CANCELLATION

Posto 5 only guarantees the cancellation of orders that have not yet been processed. If the order has already been shipped, it will not be possible to cancel it, and the User must follow the instructions in the Exchanges and Returns section to proceed with a return.

8. TRANSFER OF RISKS AND OWNERSHIP OF PRODUCTS:

From the moment of delivery, the risks associated with products purchased on the Site are the responsibility of the User. Ownership of the products will be transferred to the User only after Posto 5 receives full payment of the amount due, including shipping costs, if applicable.

Upon receiving the order, the User must check the condition of the packaging and ensure that the items comply with the order. If the packaging is visibly damaged, the User must follow the instructions described in section "13. Defective Items."

9. EXCHANGES AND RETURNS:

In accordance with Decree-Law No. 24/2014, of February 14, the User has a period of 14 calendar days to exchange or return products purchased from the online store; returns are not possible after this period.

The 14-day period for exchange or return begins:

a) On the day the User or a third party, other than the carrier, indicated by the User acquires physical possession of the items;

b) On the day the User or a third party, other than the carrier, indicated by the User acquires physical possession of the last item, in the case of several items ordered by the User in a single order and delivered separately.

Exchanges or returns will only be accepted if the items are in their original condition and accompanied by the invoice, tags, pouch, and hygienic protector. Exchanges or returns of used, altered, washed items, or items without an invoice, tags, pouch, or hygienic protector will not be accepted.

10. EXCHANGES

To make an exchange, the User must send an email to info@posto5.pt indicating the order number, reference and size of the item they wish to exchange, reference and size of the item they wish to receive, and the reason for the exchange. After sending the email, Posto 5 will confirm stock availability and validate the exchange.

The items to be exchanged should be dropped off at a collection point. Upon receiving the item, Posto 5 will process the exchange. This transportation cost is borne by the User.

11. RETURNS

If you wish to make a return, the User must send an email to Posto 5 indicating the order number, reference and size of the item they wish to return, and the reason for the return.

The items to be returned should be dropped off at a collection point. Upon receiving the item, Posto 5 will process the return. This transportation cost is borne by the User.

12. PRODUCT USE AND CONSERVATION INSTRUCTIONS – CHANGES WITH USE

Posto 5 selects highly durable fabrics. However, the products sold on the Site are textiles used in water (fresh or salt), with friction on smooth and rough surfaces, and exposure to the sun, so they may undergo changes in color, density, and elasticity over time.

Therefore, to ensure greater durability of the items, you should use and store them according to the usage instructions available on the Site, which should be read carefully.

13. DEFECTIVE ITEMS

Upon receiving the order, the User must check if the packaging is in perfect condition and if the items correspond to the order. If the packaging appears visibly damaged, the User must refuse receipt, noting the occurrence on the delivery list of the courier, or accept it by marking reservations on the shipping note.

If a defect is found, the User may exchange the item, if it is a manufacturing defect. If repair is not possible, Posto 5 will proceed in one of two ways: (i) Exchange for an identical item, in perfect condition; or (ii) Refund of the amount paid to the User.

To report a defect, the User should contact Posto 5's customer service by email at info@posto5.pt providing the following information: full name; contact email; phone number; invoice number and date; item reference and size; description of the defect; clear photos of the defect. The photographs and description of the defect will be analyzed by Posto 5, and if a manufacturing defect is confirmed, Posto 5 will contact the User for the item to be sent to Posto 5, without additional costs.

After receiving the item, the defect will be re-evaluated by Posto 5, which will inform the User within 10 business days about the solution, whether it be repair, exchange, or refund of the amount paid. Posto 5 is not responsible for misuse or incorrect washing of products.

14. FORCE MAJEURE

No penalties can be imposed on Posto 5, nor shall it be deemed a breach, for the non-performance of contractual obligations resulting from force majeure, understood as circumstances that make their performance impossible, beyond Posto 5's control, which it could not have known or foreseen at the time of concluding the General Terms and Conditions of Sale, and whose effects it could not reasonably be expected to avoid. Force majeure includes, among others, public disturbances, strikes, natural disasters, terrorist attacks, wars, or failures in essential services. During a force majeure event, Posto 5's obligations are suspended, and the deadline for fulfillment is extended by the period during which the force majeure reasons persist.

15. AGREEMENT

These General Terms and Conditions of Sale constitute the entire agreement between Posto 5 and the User, superseding any other prior understanding or agreement, whether verbal or written.

16. NON-WAIVER

The failure of Posto 5 to demand compliance by the User with any of the obligations assumed by him/her under these General Terms and Conditions of Sale, or the failure of Posto 5 to exercise the rights granted to it under these General Terms and Conditions of Sale, shall not constitute a waiver or limitation of such rights or obligations, nor shall it exempt the User from fulfilling his/her obligations.

No waiver by Posto 5 of any obligation or right arising from these General Terms and Conditions of Sale shall be effective unless it is expressly stated to be a waiver, formalized, and communicated to the User.

17. VALIDITY OF TERMS AND CONDITIONS

If any provision of these General Terms and Conditions of Sale is deemed invalid or contrary to current legislation, the validity of the remaining terms and conditions will not be affected, and they will remain in force.

18. APPLICABLE LAW

These General Terms and Conditions of Sale, as well as the use of the Site and any purchases made, are governed by Portuguese law.

19. Consumer Dispute Resolution

In case of dispute, the User may resort to Alternative Consumer Dispute Resolution, which includes mediation, conciliation, and arbitration, under the terms provided in Law no. 144/2015, of September 8.

20. CONTACTS

For questions related to these General Terms and Conditions of Sale and the Site, the User can contact Posto 5 through the following means:

Email: info@posto5.pt

Address: Edifício Vougapark, Sala 100.2, Largo da Estação 3740-070 Paradela, Portugal

Any communication sent by Posto 5 will be directed to the contact email indicated by the User. Email communications are considered delivered on the same day of sending.

Last updated: 26/03/2025

1. WHAT ARE THE TERMS AND CONDITIONS OF USE?

These Terms and Conditions of Use (hereinafter referred to as "Terms and Conditions") aim to provide all Users with detailed information about the rules for accessing and using the website www.posto5swimwear.com (hereinafter referred to as "Site"), belonging to Verão Contagiante, Lda. (hereinafter referred to as "Posto 5"). These Terms and Conditions aim to regulate the use of the Site clearly, completely, and precisely, reinforcing the transparency of the activities carried out on it.

Browsing this Site implies the User's acceptance of the Terms and Conditions described below.

The User must carefully read these Terms and Conditions. If the User does not accept the Terms and Conditions, they must leave the Site.

2. USE OF THE WEBSITE

2.1. User Obligations

2.1.1. The User has full freedom to use the Site as long as they respect these Terms and Conditions, namely, regarding intellectual property and personal data protection.

2.1.2. Users are exclusively responsible for the use they make of the content on the Site.

2.1.3. When using the Site, the User undertakes to:

a) Read and fully understand these Terms and Conditions;

b) Not violate these Terms and Conditions;

c) Acknowledge and respect the rights of third parties, including those of other Users, and the rights of Posto 5, namely, but not limited to, intellectual property rights and personal data protection;

d) Act responsibly and always in good faith, both towards Posto 5 and towards other Users.

e) Not use a false identity or conceal their identity;

f) Not reproduce offensive, defamatory, or content likely to violate the rights of Posto 5 or third parties;

g) Not design or use any tools or technological measures, whether through computer programming or the use of pre-existing software, such as viruses, spyware, malware, rookits, trojans, or ransomware, intended or capable of interrupting, destroying, limiting the functionality or exploiting any computer vulnerability of the Site, any equipment or computer system, or communication equipment;

h) Not access the Site through methods other than the interface and in accordance with the instructions provided by Posto 5;

i) Not carry out any activities that are illegal, dangerous, or contrary to good morals through the Site;

j) If they detect any defect, bug, or anomaly on the Site, immediately communicate its existence to Posto 5 and not seek to access commercial information, personal data of other Users, alter the characteristics of the Site, or, in any other way, exploit the defect, bug, or anomaly to pursue illegal activities or violate the rights of third parties.

2.1.4. The User may print or have third parties print any transferable material on their computer contained on this Site, provided the following conditions are met:

a) the material is solely for personal and non-commercial use;

b) no copyright notice or other proprietary notice is removed from the material;

c) the material is not altered or edited in any way.

2.2. Transmission of information and messages through the website

2.2.1. Any message and/or other content that the User transmits to or through this Site, whether by email, file upload, and/or any other means, will be considered non-confidential and non-proprietary.

2.2.2. By transmitting a message to this Site, the User automatically grants Posto 5 a free, unrestricted, perpetual, irrevocable, and non-exclusive license for Posto 5 to use, reproduce, modify, publish, edit, translate, distribute, perform, and/or display such message separately and/or as part of other content in any form, media, or technology that is currently known or may be developed in the future, and also to sublicense such rights.

2.2.3. The User acknowledges that Posto 5 is free to use any ideas, concepts, know-how, or techniques contained in any message the User transmits to this Site for any purpose whatsoever, including, but not limited to, the development, manufacture, and/or marketing of products, and that Posto 5 will not have to compensate the User, nor acknowledge the User as consideration for such use.

2.2.4. Posto 5 assumes no responsibility for any action or content transmitted by or between the User and/or any third parties within or outside this Site.

2.3. User Registration and Purchases

2.3.1. The User who wishes to process orders through the Site must first register on the Site by filling out the form provided on it.

2.3.2. The User is solely responsible for the integrity, correctness, and completeness of the information included in the Site registration form, as well as for any orders they place. The User will also be responsible for safeguarding and maintaining their access password and customer code in absolute secrecy. The loss or misplacement of the access "password" must be immediately communicated to Posto 5.

2.3.3. The User is responsible for keeping the data related to their registration on the Site, including address details, always up to date.

2.3.4. Posto 5 reserves the right to cancel all accounts and registrations of Users that contain false or incomplete data and/or correspond to non-existent identities.

2.3.5. Validation of the order implies the User's acceptance of these terms and conditions.

2.3.6. If the User does not receive the confirmation email within 24 hours after making the purchase, this may be due to an error in the email address provided. The User should also check their spam folder, as the confirmation email may be in that folder.

2.3.7. The User must save the order confirmation message, printing it or saving it on any durable and stable medium.

2.3.8. In case of programming or communication errors, and whenever the transmitted messages do not reach the recipient in conditions where their essential elements or the essential elements of the contract are perceptible and understandable, Posto 5 reserves the right to cancel and annul the order, informing the User of this fact.

2.4. Links to third parties

2.4.1. For payment purposes for orders and for informational purposes, the Site may include links to other Internet pages that are not under the control of Posto 5. Posto 5 informs that it will not be responsible for such pages or material, does not identify with them, and does not support them.

2.4.2. Posto 5 will not be held responsible for the privacy practices or content of these pages, nor for any damage, loss, or offense caused by these links and any advertising, content, products, materials, or services available on such pages or external media.

2.5. Protecting user security

2.5.1. To ensure that the User's debit, credit, or prepaid card or ApplePay or GooglePay account is not being used without their consent, Posto 5 will validate the name, address, and other personal information provided during the ordering process with appropriate third-party databases.

2.5.2. There is a possibility that the User may be contacted for additional security checks, and Posto 5 therefore requests their cooperation to allow these to be completed.

2.5.3. Fraudulent transactions will not be tolerated, and such transactions will be reported to the competent authorities.

2.5.4. By accepting these Terms and Conditions of Use, the User consents to these checks being carried out. When performing these checks, the personal information provided by the User may be disclosed to registered credit agencies who may maintain a history of this information. This is done solely to confirm the User's identity. Posto 5 does not perform any credit checks on Users, and their credit rating will not be affected. All information provided by the User will be treated with complete security and strictly in accordance with current law.

2.6. Use of the Site and the online store

2.6.1. By using the Site and/or placing orders through it, the User guarantees to be over 18 years of age and to have the legal capacity to enter into binding contracts. The ordering of products should only be done by Users aged 18 or over. This Site is not intended for use by minors. It is neither Posto 5's intention nor policy to sell products directly to minors.

2.6.2. The elements and information transmitted by the User will have full legal effect, the User acknowledging electronic purchases, and they cannot claim a lack of signature for non-compliance with the obligations assumed through purchases on the Site.

2.6.3. The User also guarantees that the personal information they provide at the time of registration and purchase is true, accurate, up-to-date, and complete in all respects and that they are not impersonating another person or entity.

2.6.4. If you do not provide Posto 5 with all the necessary information, Posto 5 will not be able to process your order.

2.6.5. By using the Site and/or placing orders through it, the User undertakes to:

i. Use this Site only to make legally valid inquiries or orders;

ii. Not place any false or fraudulent orders. If Posto 5 can reasonably consider that such an order has been placed, it will be authorized to cancel it and inform the competent authorities;

iii. Provide your email address, postal address, and/or other contact details accurately and truthfully. You also consent to the use of the information provided for Posto 5 to contact the User (if it is necessary to consult our Privacy Policy).

3. COPYRIGHT, TRADEMARKS AND OTHER PROPERTY RIGHTS

3.1. The content of this Site, including, but not limited to, trademarks, designs, logos, text, images, audio and video materials, as well as the appearance, organization, layout of the Site or software code, is the exclusive property of Posto 5 unless otherwise indicated. Posto 5 is responsible for managing the Site and may, at any time, update, modify or delete any content, services, options or functionalities, as well as modify its presentation and configuration.

3.2. Notwithstanding the provisions of Clause 2.2. of these Terms and Conditions, the User is not permitted to display, reproduce, distribute, modify, transmit and/or otherwise use material owned by Posto 5 in any way, for any public and/or commercial purpose, without the prior and express written consent of Posto 5.

3.3. Posto 5 does not pre-select or monitor the content of any messages transmitted to this site by third parties and is not responsible for the selection and/or monitoring of the content of such messages.

3.4. If notified, Posto 5 may investigate whether any content transmitted to this site is violating the Terms and Conditions and may determine, at its sole discretion, the removal of such content.

3.5. Posto 5 assumes no responsibility or liability arising from and/or related to any such content, including, but not limited to, any error, defamation, slander, perfidy, omission, falsehood, obscenity, pornography, danger, and/or inaccuracy contained therein. However, Posto 5 will use its best efforts to ensure the removal of such content, once it is communicated or detected.

4. DISCLAIMER OF WARRANTIES

4.1. The use of this Site is at the User's sole risk. This site and its content are provided without warranties to the User, regardless of their nature, whether express or implied, including, but not limited to, warranties of merchantability, non-infringement of third-party rights, and fitness for a particular purpose, or any warranty that access to this Site will be uninterrupted and/or error-free or free from disturbances, that this Site is secure and/or free from viruses or harm to the User from any origin, or that the information contained on this Site is complete, accurate, and/or current.

4.2. Posto 5 reserves the right to restrict and/or prevent the User's access to this site and/or any part thereof at any time, with or without prior notice.

5. SECURITY AND LINKS TO OTHER SITES

5.1. Despite the efforts and technical and organizational measures implemented by Posto 5, as referred to in Section 4.1., given the vicissitudes of internet browsing and system management, it is not possible to guarantee that access to this site will be uninterrupted and/or free from errors or disturbances, that this site is secure and/or free from viruses or harm to the User.

5.2. Posto 5 may, at any time and without prior notice, take the necessary measures to ensure the integrity, security, continuity or quality of the Site, including content removal, access restrictions or limitations.

5.3. This Site contains links to third-party websites. These links are provided solely for the User's convenience. Posto 5 does not endorse or take responsibility for any of these third-party websites and will not be responsible for the content of any of them. The User's access to any of these third-party websites is at their sole risk.

6. LIMITATION OF LIABILITY

6.1. To the maximum extent permitted by applicable law, Posto 5, including, but not limited to, all its legal representatives, auxiliary managers, employees, and/or agents, shall not be liable to the User of the Site for any possible damage, loss, and/or injury (including, but not limited to, direct, indirect, incidental, special, consequential and punitive damages, lost profits, and damages resulting from lost information and/or interruption of Site activity) arising from or related to the use and/or inability to use this Site and its content, whether based on warranty, contract, tort, or any other legal basis.

6.2. Notwithstanding, the liability of Posto 5, whether on its own behalf or for acts of its representatives or assistants, for breach of these Terms and Conditions will always depend on the existence of willful misconduct or gross negligence.

6.3. The User shall be solely and exclusively responsible for their use of the Site and its contents, including the content that the User transmits to this Site, the User's violation of any third-party rights, and/or the User's violation of the Terms and Conditions. The User shall indemnify Posto 5 for any damages, losses, costs, harms, or expenses resulting from the User's use of the Site in violation of the law or these Terms and Conditions.

7. CONTACTS AND COMPLAINTS

7.1. Any notifications, communications, and complaints from the User should preferably be sent to the email info@posto5.pt.

7.2. Additionally, you can also submit a complaint on the Electronic Complaints Book by clicking here.

8. GENERAL PROVISIONS

8.1. If any provision of the Terms and Conditions is deemed void, voidable, unenforceable, ineffective, or inexigible, or otherwise invalid by any competent entity for that purpose, namely by a court with competent jurisdiction, the invalidity of any such provisions shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force.

8.2. In the event of a declaration of invalidity as per the paragraph above, the Terms and Conditions shall, to the maximum extent permitted by law, be interpreted in a way that produces effects as similar as possible to those initially intended (even with the invalidated provision).

9. PRIVACY POLICY

To consult the remaining information regarding the processing of your personal data, your rights, and how to exercise them, the User should access the Privacy Policy.

10. CHANGES TO THE TERMS AND CONDITIONS OF USE

Posto 5 reserves the right to change these Terms and Conditions of Use at any time. If the change is substantial, a notice will be placed on the Site. Therefore, we recommend that the User read these Terms and Conditions when accessing the Site to ensure that they are adequately informed about the conditions of use of the Site.

11. APPLICABLE LAW AND JURISDICTION

Any disputes arising from the validity, interpretation, or execution of the Terms and Conditions, or related to the use of this Site, shall be submitted exclusively to the jurisdiction of the judicial courts of the district of Aveiro, without prejudice to applicable mandatory legal norms.

Last updated: 26/03/2025