LEGAL NOTICE

1. Website publisher

The website www.capoeirashop.fr is published by:

Romain CLAUSSE Unipessoal, Lda
Rua Dr. Luís Aguiar Soares 421
3730-389 Vale de Cambra
Portugal

Portuguese Tax Identification Number (NIF): PT515222267

Share capital: €5,000.00

Company registered with the Commercial Registry of São João da Madeira (Portugal).

Email: [email protected]

Telephone:

France: +33 6 11 67 65 07
Portugal: +351 911 501 280

We recommend contacting us via WhatsApp at +351 911 501 280, as this is a fast and efficient means of communication.

2. Publication director

Mr. Romain CLAUSSE, Managing Director of Romain CLAUSSE Unipessoal, Lda.

3. Hosting

The website is hosted by:

WebTuga®

Service operated by:

Dream Fusion - IT Services, Lda

Portuguese Tax Identification Number (NIF): 508469058

Share capital: €15,000

Company registered with the Commercial Registry of Barcelos (Portugal).

4. Intellectual property

All content available on the website www.capoeirashop.fr, including but not limited to texts, photographs, illustrations, graphics, logos, videos, audio elements, downloadable files, databases, and their presentation, is protected by intellectual property laws.

Any reproduction, representation, distribution, adaptation, or exploitation, whether total or partial, without prior written authorization from CapoeiraShop is prohibited.

The trademarks and commercial names mentioned on the website remain the property of their respective owners.

5. Liability

CapoeiraShop makes every effort to ensure the accuracy of the information published on the website. Despite the care taken in preparing the content, errors, omissions, or updates may occur.

Product photographs are provided for illustrative purposes only. As handcrafted products are individually made, each item may have slight variations in colour, grain, dimensions, or finishing. These differences do not constitute a lack of conformity.

6. Personal data

Personal data collected through the website is processed in accordance with applicable data protection regulations.

Details regarding data collection, use, storage, and users’ rights are provided in the Privacy Policy.

7. Cookies

The website uses cookies necessary for its operation, as well as, where applicable, cookies designed to improve the user experience and measure website traffic.

Details regarding cookie usage are provided in the Cookie Policy.

8. Applicable law

This website is operated by a company incorporated under Portuguese law.

These legal notices are governed by Portuguese law, without prejudice to mandatory consumer protection provisions applicable in the consumer’s country of residence where such provisions provide greater protection.

GENERAL TERMS AND CONDITIONS OF SALE (GTC)

These General Terms and Conditions of Sale (GTC) govern sales concluded between:

Romain CLAUSSE Unipessoal, Lda
Rua Dr. Luís Aguiar Soares 421
3730-389 Vale de Cambra – Portugal

Tax Identification Number (NIF): PT515222267

Operator of the website www.capoeirashop.fr, hereinafter referred to as “CapoeiraShop”,

and any person placing an order on the website, hereinafter referred to as “the Customer”.

1. Purpose

These General Terms and Conditions of Sale define the rights and obligations of the parties in connection with the distance selling of products offered on the website www.capoeirashop.fr.

Any order placed implies the Customer’s full and unconditional acceptance of these GTC.

These GTC apply to all orders placed through the website, unless otherwise agreed in writing.

2. Scope of application

These General Terms and Conditions apply to sales made to:

• private individuals;
• associations;
• clubs;
• schools;
• professionals.

Consumers benefit from the mandatory consumer protection provisions applicable in their country of residence where such provisions are more favourable.

3. Products

CapoeiraShop sells, in particular:

• traditional musical instruments;
• clothing;
• footwear;
• accessories;
• handcrafted items;
• decorative objects;
• equipment related to the practice of Capoeira.

Each product page presents the essential characteristics known at the time of publication.

Product photographs are provided for illustrative purposes only.

4. Handcrafted products

A significant proportion of the products offered are handcrafted.

These products are sourced notably from Brazil and other countries specialising in traditional craftsmanship.

As each item is individually made by hand, it is normal that two products may never be perfectly identical.

Minor variations may relate in particular to:

• dimensions;
• colour;
• wood shades;
• grain patterns;
• texture;
• natural fibres;
• leather;
• paint;
• stitching;
• finishing;
• weight.

Such variations are normal characteristics of handcrafted products and shall not be considered a lack of conformity provided that the product corresponds to its essential description and intended use.

Natural materials such as wood, bamboo, gourds, leather, plant fibres, or natural textiles may change over time due to humidity, temperature, climate conditions, or normal use.

These natural changes do not constitute manufacturing defects.

5. Product origin

Products sold by CapoeiraShop may be manufactured in different countries, including:

• Brazil;
• Portugal;
• Europe;
• Asia;
• other partner countries.

The country of manufacture is indicated whenever it is known and relevant.

Imported products are marketed in accordance with the regulations applicable at the time they are placed on the market.

6. Products intended for Capoeira practice

CapoeiraShop sells products intended for the sporting, cultural, and musical practice of Capoeira.

These products must be used according to their intended purpose.

They must not be used for any purpose other than that specified by the manufacturer or described on the product page.

7. Products intended for young practitioners

Some products are suitable for young practitioners when such use is expressly indicated on their product page.

Unless expressly stated otherwise, Capoeira instruments, accessories, and related items are not considered toys within the meaning of applicable regulations.

Use by minors must take place under the responsibility of a parent, legal guardian, teacher, or qualified supervisor whenever necessary.

The selection of a product appropriate to the user’s age, size, physical abilities, and level of practice remains the responsibility of the responsible adult.

8. Safety Information

Products must be used in accordance with their intended purpose.

Before use, the Customer is advised to read the information provided on the product page, packaging, or user instructions whenever available.

Products containing:

• metal wires;
• strings;
• sticks;
• small parts;
• elements that may cause injury if improperly used,

must be handled with care.

They must be kept out of reach of young children when not in use.

Any modification of the product, unauthorised repair, or improper use may affect its safety level.

9. Prices

Prices are displayed in euros.

They include all applicable taxes when VAT applies.

Delivery costs are indicated separately before the final confirmation of the order.

CapoeiraShop reserves the right to modify its prices at any time.

However, products are invoiced based on the price displayed at the time the order is confirmed.

For deliveries outside the European Union, customs duties, import taxes, administrative fees, or other charges may be imposed by the authorities of the destination country.

These charges remain the sole responsibility of the Customer.

CapoeiraShop has no control over their amount and cannot be held responsible for decisions made by customs authorities.

10. Orders

Any order placed on the website www.capoeirashop.fr constitutes acceptance of these General Terms and Conditions of Sale.

The Customer declares that they have the legal capacity to enter into a contract in accordance with applicable law.

The information provided when placing an order must be accurate, complete, and up to date. The Customer is solely responsible for any consequences resulting from incorrect information provided (name, address, email, telephone number, etc.).

A confirmation email is sent after the order has been submitted. This message confirms receipt of the order but does not constitute final acceptance until any necessary verification has been completed by CapoeiraShop.

CapoeiraShop reserves the right to refuse or cancel an order in the event of:

• fraud or suspected fraud;
• payment failure;
• obviously incorrect information;
• exceptional stock shortage;
• obvious error in the price or product description;
• abusive behaviour by the Customer.

11. Availability

Offers are valid while stocks last.

If a product becomes unavailable after an order has been confirmed, CapoeiraShop will inform the Customer as soon as possible and may offer:

• a new delivery timeframe;
• an equivalent product;
• or a full refund of the unavailable product.

12. Payment

Payment is due upon confirmation of the order.

Available payment methods are those offered on the website at the time of purchase.

Payments are secured by specialised payment service providers.

The Customer’s banking information is never stored by CapoeiraShop.

In the event of a declined bank authorisation or payment failure, the order will be automatically cancelled.

13. Anti-Fraud Verification

To prevent fraud, CapoeiraShop may carry out additional checks before shipping an order.

The Customer may be requested to provide proof of identity, proof of address, or any other document necessary to confirm the legitimacy of the order.

In the absence of a response, or where there are reasonable grounds to suspect fraud, CapoeiraShop may cancel the order and, where applicable, refund any amounts already received.

14. Delivery

Orders are shipped to the address provided by the Customer.

The Customer is responsible for ensuring that delivery information is accurate.

Preparation times indicated on the website are provided for information purposes only.

Transport times depend on the carrier, destination country, customs procedures, and events beyond CapoeiraShop’s control.

A reasonable delay shall not give rise to compensation, without prejudice to mandatory consumer rights.

15. Carriers

CapoeiraShop freely selects the carrier best suited to each order depending on:

• destination country;
• volume;
• weight;
• dimensions;
• nature of the products.

Shipments may notably be handled by national postal services, DPD, InPost, or any other logistics partner.

The choice of carrier cannot be guaranteed unless specifically agreed by CapoeiraShop.

16. Multiple Parcels

Certain products, particularly berimbaus or long items, may be shipped in several parcels.

These parcels may be transported separately and delivered on different dates.

Each parcel may have its own tracking number.

The Customer is advised to check all tracking information before reporting a missing parcel.

17. International Deliveries

CapoeiraShop ships products to many countries.

For any order delivered outside the European Union, the Customer is considered the importer of the goods.

The Customer is responsible for ensuring that the products may legally be imported into their country.

Any:

• customs duties;
• import taxes;
• customs clearance fees;
• administrative charges;
• local taxes,

remain the sole responsibility of the Customer.

CapoeiraShop cannot be held responsible for customs delays, refusal of importation, or seizure decided by the competent authorities of the destination country.

18. Refusal of Customs Clearance

If the Customer refuses to pay customs duties or taxes required by local authorities, the parcel may be returned to CapoeiraShop.

Costs actually incurred by CapoeiraShop may be deducted from any refund, including:

• return shipping costs;
• customs duties;
• administrative fees;
• charges invoiced by the carrier.

If the parcel is destroyed or abandoned by customs authorities, no refund can be issued for amounts permanently lost as a result of such decision.

19. Receipt of Goods

Upon receipt of the products, the Customer is advised to immediately check their condition.

In the event of a visibly damaged parcel, the Customer should submit reservations or claims to the carrier whenever possible.

Any issue must be reported to CapoeiraShop within a reasonable period of time, together with photographs allowing the situation to be assessed.

CapoeiraShop undertakes to seek a solution in accordance with applicable regulations.

20. Transfer of Risk

When the Customer is a consumer, the risks of loss or damage to the products are transferred at the time when the Customer, or a third party designated by the Customer (other than the carrier), physically takes possession of the products.

When the Customer independently appoints a carrier other than the one offered by CapoeiraShop, the transfer of risk occurs when the goods are handed over to that carrier, in accordance with applicable regulations.

21. Right of Withdrawal (European Union Consumers)

In accordance with European Union consumer protection regulations applicable to distance contracts, consumer Customers residing within the European Union have a period of 14 calendar days from receipt of the products to exercise their right of withdrawal, without having to provide any reason.

To exercise this right, the Customer must notify CapoeiraShop of their decision by email or by any other durable medium allowing proof of the request to be retained.

Products must be returned within a maximum period of 14 days following notification of the withdrawal request.

Products must be returned:

• complete;
• clean;
• in their original condition;
• with all accessories;
• in packaging providing adequate protection during transport.

The Customer remains responsible for any reduction in value resulting from handling beyond what is necessary to establish the nature, characteristics, and proper functioning of the product.

Return shipping costs remain the responsibility of the Customer unless otherwise required by mandatory law.

CapoeiraShop will refund the original standard delivery costs paid by the Customer in accordance with applicable consumer protection regulations. Any additional costs resulting from a delivery method chosen by the Customer that is more expensive than the standard delivery option will not be refunded.

21A. International Customers (Non-European Union Returns)

Customers residing outside the European Union are not subject to the statutory 14-day right of withdrawal provided under European Union consumer protection law.

However, CapoeiraShop may accept return requests from non-European Union customers according to the conditions set out in this section.

Any return request must be submitted to CapoeiraShop before the products are shipped back.

Unless the product is defective, incorrect, damaged upon arrival, or does not correspond to the order placed, return shipping costs remain the responsibility of the Customer.

Returned products must be:

• complete;
• unused;
• in their original condition;
• accompanied by all accessories and original packaging where applicable.

Any customs duties, import taxes, customs clearance fees, administrative charges, or other costs related to the return shipment remain the responsibility of the Customer unless otherwise required by applicable law.

Refunds will be processed after receipt and inspection of the returned products, in accordance with CapoeiraShop’s refund policy.

This international return policy does not affect any mandatory consumer rights that may apply under the laws of the Customer’s country of residence.

22. Exceptions to the Right of Withdrawal

Where applicable under mandatory consumer protection regulations, the right of withdrawal cannot be exercised, in particular, for:

• personalised products;
• products manufactured according to the Customer’s specifications;
• unsealed products that cannot be resold for hygiene reasons where such exception is provided by applicable regulations;
• other cases provided for by applicable legislation.

23. Returns

Before returning any product, the Customer is invited to contact customer service.

Products must be carefully packaged.

Any damage resulting from insufficient packaging shall remain the responsibility of the Customer.

For returns originating from a country outside the European Union, any customs duties, import taxes, or administrative fees charged to CapoeiraShop may be deducted from the refund.

24. Refunds

After receiving and inspecting returned products, CapoeiraShop will issue a refund in accordance with applicable regulations.

The refund will be made using the same payment method used for the original order, unless expressly agreed otherwise by the Customer.

CapoeiraShop may postpone the refund until the products have been effectively recovered or until proof of shipment has been received.

25. Legal Guarantees

Products sold by CapoeiraShop benefit from the legal guarantees provided under applicable regulations.

The Customer benefits in particular from rights arising from the legal guarantee of conformity and, where applicable conditions are met, from the guarantee against hidden defects.

These guarantees apply independently of any commercial warranty that may be offered.

26. Handcrafted Products and Natural Materials

Handcrafted products or products made from natural materials may present:

• variations in colour;
• differences in dimensions;
• natural irregularities;
• signs of artisanal manufacturing.

Materials such as wood, leather, plant fibres, gourds, or bamboo naturally evolve over time.

These characteristics do not constitute a lack of conformity.

27. Use of Products

The Customer is responsible for the use made of the products.

Products must be used according to their intended purpose.

Musical instruments, Capoeira accessories, and handcrafted items are not intended for any use other than that described on their product page.

Any modification, repair, or adaptation carried out by a third party shall be the sole responsibility of the user.

28. Products Intended for Young Practitioners

When certain products are presented as suitable for young practitioners, this does not mean that they are considered toys.

Unless otherwise stated on the product page:

• traditional musical instruments;
• sticks;
• arames (steel wires);
• strings;
• small parts;
• accessories,

may present risks if used improperly.

Use of these products by minors must always take place under the supervision of a responsible adult or qualified instructor.

The choice of a product appropriate to the user’s age, physical characteristics, and level of practice remains the responsibility of the supervising adult.

29. Product Maintenance

The Customer is advised to regularly maintain products according to their nature.

Wooden instruments should notably be protected against:

• impacts;
• excessive humidity;
• extreme temperatures;
• prolonged exposure to sunlight;
• unsuitable storage conditions.

Failure to carry out normal maintenance shall not engage CapoeiraShop’s liability.

30. Limitation of Liability

To the extent permitted by applicable regulations, CapoeiraShop shall not be liable for damages resulting in particular from:

• improper use;
• incorrect handling;
• insufficient maintenance;
• modification of the product;
• unauthorised repair;
• use contrary to provided warnings;
• normal wear and tear;
• accidents occurring during use;
• unsuitable storage;
• use by a minor without the required supervision.

Nothing in these GTC is intended to limit the mandatory rights granted to consumers under applicable law.

31. Product Safety (GPSR)

CapoeiraShop undertakes to market products that comply with the applicable safety requirements at the time they are placed on the market.

The Customer is advised to carefully read any warnings, instructions, and safety information provided on product pages, packaging, or documents supplied with the items.

In the event of a safety defect being identified, a potential risk being detected, or an incident involving a product purchased from the website, the Customer is advised to immediately stop using the product and contact CapoeiraShop.

CapoeiraShop reserves the right to implement any measures required under applicable regulations, particularly regarding consumer information, repair, replacement, or product recall.

32. Intellectual Property

All elements available on the website www.capoeirashop.fr, including but not limited to texts, photographs, logos, illustrations, videos, product pages, graphics, and documents, are protected by intellectual property laws.

Any reproduction, representation, distribution, or use, whether total or partial, without prior written authorisation is strictly prohibited.

33. Personal Data

Personal data collected is processed in accordance with applicable data protection regulations, including the General Data Protection Regulation (GDPR).

Data is used exclusively for:

• order management;
• delivery;
• after-sales service;
• accounting;
• fraud prevention;
• legal obligations.

Details regarding data processing are provided in the website’s Privacy Policy.

34. Website Translations

The CapoeiraShop website is available in several languages to facilitate use by international customers.

Translations are provided for information purposes only.

In the event of differences in interpretation between language versions, the French version shall prevail, unless mandatory consumer protection provisions require otherwise.

35. Force Majeure

CapoeiraShop shall not be held liable for any delay or inability to fulfil its obligations when such delay or inability results from an event beyond its reasonable control.

Such events include, in particular:

• natural disasters;
• fire;
• pandemic;
• war;
• social conflict;
• strikes;
• major IT failures;
• transport interruptions;
• customs blockages;
• administrative decisions;
• exceptional shortages of raw materials;
• any other event meeting the legal criteria of force majeure under applicable law.

The affected obligations shall be suspended for the duration of the event.

36. Hyperlinks

The website may contain links to third-party websites.

CapoeiraShop cannot be held responsible for the content, operation, or privacy policies of these external websites.

37. Partial Invalidity

If any provision of these GTC is declared invalid, unenforceable, or contrary to a mandatory legal provision, the remaining provisions shall remain fully effective.

38. Modification of the GTC

CapoeiraShop reserves the right to modify these General Terms and Conditions of Sale at any time in order to take into account legal, regulatory, technical, or commercial developments.

The applicable General Terms and Conditions are those in force on the date the order is confirmed.

39. Applicable Law

These General Terms and Conditions are governed by Portuguese law.

Where the Customer is a consumer residing in another country, they also benefit from the mandatory consumer protection provisions provided by the legislation of their country of residence where such provisions are more favourable.

40. Dispute Resolution

In the event of any difficulty, the Customer is invited to first contact customer service in order to seek an amicable solution.

In the absence of an amicable agreement, the competent courts shall be determined in accordance with the applicable legal rules.

Where required by law, consumers may also use a free alternative dispute resolution mechanism.

41. Contact

For any questions relating to an order or these General Terms and Conditions of Sale:

CAPOEIRASHOP
Romain CLAUSSE Unipessoal, Lda

Rua Dr. Luís Aguiar Soares 421
3730-389 Vale de Cambra
Portugal

Email: [email protected]

WhatsApp: +351 911 501 280

France telephone: +33 6 11 67 65 07

Portugal telephone: +351 911 501 280

42. Effective Date

These General Terms and Conditions of Sale enter into force from the date of their publication on the website www.capoeirashop.fr and remain applicable until replaced by a later version.

43. General Product Safety (Regulation (EU) 2023/988 – GPSR)

CapoeiraShop markets carefully selected products and ensures compliance with applicable safety requirements for products made available to consumers in accordance with Regulation (EU) 2023/988 on General Product Safety (GPSR).

Where required by regulations, products are accompanied by the necessary information relating to their identification, use, and any relevant safety warnings.

The Customer is advised to carefully read the information provided on product pages, packaging, instructions, or labels before use.

If a defect is identified that may present a safety risk, the Customer agrees to immediately stop using the affected product and contact CapoeiraShop as soon as possible.

Where required by regulations, or where deemed necessary for consumer safety, CapoeiraShop may take any appropriate action, including informing affected customers, repairing, replacing, refunding, or recalling a product.

44. Amicable Dispute Resolution and Consumer Mediation

In the event of a complaint, the Customer is invited to first contact CapoeiraShop customer service in order to seek an amicable solution.

In accordance with applicable regulations, any consumer residing in the European Union may, in the event of an unresolved dispute, use a free alternative dispute resolution body competent to handle the matter.

Where required by law, CapoeiraShop will provide the consumer with the contact details of the competent dispute resolution body.

The use of mediation or alternative dispute resolution procedures remains optional and does not prevent either party from exercising their legal rights before the competent courts.

45. Personal Data Protection

The procedures for collecting, using, storing, and protecting personal data are detailed in the Privacy Policy available on the website.

This policy forms an integral part of the information provided to the Customer in accordance with the General Data Protection Regulation (GDPR).

46. Cookies

The website www.capoeirashop.fr uses cookies and similar technologies to ensure proper operation, measure website traffic, and, where applicable, provide adapted functionalities.

Details regarding the cookies used and the management of user preferences are available in the website’s Cookie Policy.

47. Home delivery prices:

Shipping rate with Inpost: