This is a translation of the Portuguese original. In case of discrepancy, the Portuguese version prevails.
Terms and Conditions
The Terms and Conditions were last updated on 18 March 2025.
1. Introduction
These Terms and Conditions apply to this website and to transactions related to our products and services. You may be subject to additional contracts relating to your relationship with us or to any products or services you receive from us. If any provision of those additional contracts conflicts with any provision of these Terms, the provisions of the additional contracts will prevail.
2. Obligations
By registering, accessing or otherwise using this website, you agree to abide by these Terms and Conditions set out below. Simply using this website implies knowledge and acceptance of these Terms and Conditions. In some specific cases, we may also ask you to agree explicitly.
3. Electronic communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending you an email, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications be in writing.
4. Intellectual property
We or our licensors own and control all copyright and other intellectual property rights in the website and the data, information and other resources displayed on or accessible through the website.
4.1 All rights reserved
Unless specific content states otherwise, you are not granted a licence or any other right under copyright, trademark, patent or other intellectual property rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed in any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetise, sell, market or commercialise any resources on this website in any form, without our prior written permission, except and only to the extent otherwise provided by mandatory law (such as the right to quote).
5. Third-party property
Our website may include hyperlinks or other references to third-party websites. We do not monitor or review the content of third-party websites that are linked from this website. Products or services offered by other websites will be subject to the applicable terms and conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for the privacy practices or content of those websites. You bear all risks associated with the use of those websites and any related third-party services. We will not accept any liability for any loss or damage of any kind caused by you, resulting from your disclosure of personal information to third parties.
6. Responsible use
By visiting our website, you agree to use it only for the purposes intended and permitted by these Terms, any additional contracts with us, and applicable laws, regulations and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material that consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity; or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability or accessibility of the website is strictly prohibited.
7. Refund and return policy
7.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire 14 days after the date on which the contract is concluded.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement, for example through the contact details given in section 21. You are, however, free to express your intention to withdraw from the contract by making an unequivocal statement in any other suitable way.
We will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (for example by email) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
7.2 Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the date on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested the services to begin during the withdrawal period, you must pay us an amount proportionate to what has been provided until you communicated your withdrawal from this contract, in comparison with the full coverage of the contract.
Please note that there are some legal exceptions to the right of withdrawal, and therefore some items cannot be returned or exchanged. We will let you know if this applies to your particular case.
8. Submission of ideas
Do not send us any ideas, inventions, authored works or other information that may be considered your intellectual property that you would like to present to us, unless we have signed an agreement on intellectual property or a non-disclosure agreement. If you disclose it to us in the absence of such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
9. Termination of use
We may, at our sole discretion, at any time modify or discontinue access, temporarily or permanently, to the website or to any Service contained therein. You agree that we will not be liable to you or any third party for any modification, suspension or interruption of your access to or use of the website or any content you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings and/or any Content you have contributed or have come to depend on are permanently lost. You must not circumvent, or attempt to circumvent, any access restriction measures on our website.
10. Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or exclude. This website and all its content are provided “as is” and “as available” and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, express or implied, as to the availability, accuracy or completeness of the Content. We do not warrant that:
- this website or our products or services will meet your needs;
- this website will be available on an uninterrupted, timely, secure or error-free basis;
- the quality of any product or service purchased or obtained by you through this website will meet your expectations.
Nothing on this website constitutes, or is meant to constitute, legal, financial or medical advice of any kind. If you need advice, you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or exclude. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or damage to property or data) incurred by you or any third party arising from your access to or use of our website.
Except to the extent that any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action imposing liability (whether in contract, equity, negligence, intended conduct, tort or otherwise), will be limited to the total price you paid to us to purchase such products or services or to use the website. Such limit will apply collectively to all of your claims, actions and causes of action of every kind and nature.
11. Privacy
To access our website and/or services, you may need to provide some information about yourself as part of the registration process. You agree that all information provided will always be accurate, correct and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only relate to the provision of the agreed products or services.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Policy and our Cookie Policy.
12. Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or the purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of the export laws and regulations of Portugal.
13. Assignment
You may not assign, transfer or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
14. Breaches of these Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that it block your access to the website and/or bringing legal action against you.
15. Indemnification
You agree to indemnify, defend and hold us harmless from and against any and all claims, liabilities, damages, losses and expenses relating to your breach of these Terms and Conditions and of applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses related to or arising from such claims.
16. Waiver
Failure to comply with any of the provisions set out in these Terms and Conditions and in any Contract, or failure to exercise any option to terminate, must not be construed as a waiver of such provisions and will not affect the validity of these Terms and Conditions or of any Contract or any part thereof, or the subsequent right to enforce all provisions.
17. Language
These Terms and Conditions will be interpreted and construed exclusively in Portuguese. All notices and correspondence will be written exclusively in this language.
18. Entire agreement
These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and PaintOut Paintball in relation to your use of this website.
19. Updating these Terms and Conditions
We may update these Terms and Conditions from time to time. The date provided at the beginning of these Terms and Conditions is the date of the most recent revision. We will send you written notice of any changes or updates, and the revised Terms and Conditions will take effect on the date we give such notice. Your continued use of this website after the publication of changes or updates will be considered notice of your acceptance to comply with and be governed by these Terms and Conditions. To request a previous version of these Terms and Conditions, please contact us.
20. Governing law and jurisdiction
These Terms and Conditions will be governed by the laws of Portugal. Any disputes relating to these Terms and Conditions will be subject to the jurisdiction of the courts of Portugal. If any part or provision of these Terms and Conditions is held by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permitted so as to give effect to the intent of these Terms and Conditions. The remaining provisions will not be affected.
Complaints Book and dispute resolution: we provide the Electronic Complaints Book (www.livroreclamacoes.pt). In the event of a consumer dispute, the consumer may turn to an alternative dispute resolution (ADR) entity; the list of entities is available on the Consumer Portal (www.consumidor.gov.pt).
21. Contact information
This website is owned and operated by PaintOut Paintball (paintout-paintball.com).
You may contact us regarding these Terms and Conditions by writing or emailing us at: paintoutpaintball@gmail.com
Estrada do Paul, Sitio do Paul, Sargaçal, 8600-317 Lagos