Effective Date: 2025.07.10.

The services under KILIMA Performance are operated by: 

• Brand name: KILIMA Performance 
• Company name: Tamara Toth (referred to herein as “KILIMA Performance”, "we" or "us") 
• Company address: 4400-387 Vila Nova de Gaia, Rua Bouças 11. Casa 7.
• VAT number: 311780210
• EU VAT number: PT311780210
• Phone number: +351 939 000 460
• Website: www.kilima.pt
• E-mail: [email protected]

 

1. General Information

These Terms and Conditions (“Terms”) govern your use of the KILIMA Performance website and your purchase or rental of products and services offered through it. By accessing our site or placing an order, you agree to be legally bound by these Terms, in accordance with Portuguese law and applicable European Union (EU) consumer protection regulations.

If you do not agree to these Terms, please refrain from using our website or services.

2. Eligibility

To use our website or make purchases, you must be at least 18 years old and legally capable of entering into contracts under applicable law. If you are purchasing on behalf of a company or organization, you confirm that you have the authority to bind that entity.

3. Products and Services

KILIMA Performance offers products and services including, but not limited to, altitude training equipment sales and rentals, room conversions for simulated altitude, and consulting.

All product descriptions and prices are subject to change without notice. we reserve the right to discontinue any product or service at any time.

4. Orders and Payment

All orders are subject to acceptance and availability. Once your order is placed, you will receive an order confirmation. This confirmation does not constitute acceptance. A binding contract is formed once your payment is processed and we dispatch or confirm the rental/service agreement. KILIMA Performance reserves the right to refuse any order placed on this Site or limit or cancel quantities purchased per person, per household, or per order including without limitation orders placed under the same customer account, credit card or using the same billing and/or shipping address. KILIMA Performance aims to present all information on the Site accurately, however, it cannot warrant or guarantee accuracy and it is not responsible if product descriptions, specifications, or pricing on the Site is not current or error-free. KILIMA Performance reserves the right to refuse or cancel any order placed on this Site with incorrect or incomplete product description, specifications, or pricing. A security deposit may be required for rental order; however, it may not fully cover the cost of any potential damage. The Customer is responsible for covering the full cost of all damages, regardless of the deposit amount.

5. Delivery and Installation

For rental equipment, delivery and professional installation are required and arranged upon order confirmation. KILIMA Performance do not offer self-installation options for altitude training equipment. While KILIMA Performance tries to accommodate the Customer's chosen delivery date, the exact timing of delivery and installation depends on the availability of the KILIMA Performance team. After a Customer places a rental order, KILIMA Performance will contact the Customer directly to coordinate a suitable date and time. Once agreed, the order will be updated accordingly. If no mutually convenient time can be arranged, KILIMA Performance will cancel the order and issue a full refund. Delivery times are indicative and delays do not entitle the client to compensation.

6. Shipments

KILIMA Performance will arrange for shipment of the products to you. KILIMA Performance is currently only offering shipping to EU. Please check the individual product page for specific delivery options. Customer will pay all shipping and handling charges specified during the ordering process.

Customer is solely responsible for providing KILIMA Performance with a correct and accessible shipping address during the order checkout process. KILIMA Performance is not liable if the delivery address provided to the Site is incorrect or if you fail to collect the order shipment from the delivery address provided to the Site.

7. Rental Terms

Rental clients agree to:

• Use the equipment as instructed and only for its intended purpose.
• Maintain the equipment in good condition and return it at the end of the rental period.
• Accept responsibility for any damage caused by misuse or neglect.

KILIMA Performance retains ownership of all rental equipment.

8. Modifying and Cancelling Rentals

Customer may request the extension of rental period on a per-week basis via e-mail. Rental periods can be extended if KILIMA Performance has the rented products available during the extension period.

Customer may request the shortening of rental period via e-mail. The minimum rental period is two weeks, and all rentals are billed in weekly increments. If Customer's rental has not yet begun, KILIMA Performance can adjust the duration, provided it remains at or above the two-week minimum. Any reduction will be refunded on a per-week basis. Once the rental period has started, KILIMA Performance can shorten the rental period, but without any refunds.

Customer may request cancellation of the rental via e-mail if the rental period has not started yet, in which case KILIMA Performance will issue a full refund. Once the rental period has started, Customer may cancel the rental, but won't be given a refund.

9. Rental period

The start of the rental period is always the day of installation. After a Customer places a rental order, KILIMA Performance will contact the Customer directly to coordinate a suitable date and time for delivery and installation. Once agreed, KILIMA Performance will update the order accordingly.

The rental period officially ends on the date the equipment is disassembled and collected. This disassembly date will be arranged in coordination with the Customer and is subject to the availability of the KILIMA Performance team.

If the Customer is unavailable or fails to cooperate at the agreed time for disassembly and collection, the rental period will be extended accordingly. Additional rental fees may be deducted from the security deposit, and the Customer may be held liable for any further losses or damages incurred by KILIMA Performance, including but not limited to missed rental opportunities due to delayed return of the equipment.

10. Right of Withdrawal (EU Cooling-Off Period)

If you are a Customer purchasing goods or services remotely within the EU, you have the right to withdraw from the contract within 14 days of delivery.

To exercise this right, you must notify us in writing via email. You will bear the direct cost of returning the goods. We will issue a refund (minus any transportation, installation and usage fees) within 14 days of receiving the returned items in resaleable condition.

Exceptions: This right does not apply to:

• Customised equipment or services
• Sealed goods unsealed after delivery (for hygiene or safety reasons)
• Services that have already been fully performed

11. Warranty and Liability

We provide a limited warranty for manufacturing defects for a period of 24 months from the date of delivery. This warranty does not cover consumables (filters, membranes, adsorbent etc.), wear and tear, misuse, unauthorised modifications, or failure to follow instructions.

To the maximum extent permitted by law, KILIMA Performance is not liable for indirect, incidental, or consequential damages arising from use or inability to use our products or services.

12. Health and Safety Disclaimer

Altitude training equipment simulates hypoxic conditions and may not be suitable for individuals with certain medical conditions. By using our products, you confirm that:

• You have consulted a healthcare professional.
• You understand the effects and risks of simulated altitude training.
• You accept full responsibility for your use of the equipment.
• You understand that our products are not medical devices unless explicitly stated.

KILIMA Performance does not assume liability for health-related outcomes from misuse or unsupervised use.

13. Performance Disclaimer

Altitude training may offer benefits such as improved endurance or aerobic capacity; however, results vary significantly between individuals. The effectiveness of altitude training depends on multiple factors including genetics, baseline fitness, training regimen, nutrition, sleep, and overall health.

As such, KILIMA Performance makes no guarantees regarding specific performance outcomes from the use of our equipment or services. Any examples of results, whether expressed or implied, are not promises or guarantees of performance improvement.

By using our products and services, you acknowledge that outcomes are not guaranteed and accept full responsibility for your own training results.

14. Intellectual Property

All content on our website - including text, images, videos, designs, and trademarks - is the property of KILIMA Performance or licensed to us. You may not reproduce, distribute, or commercially exploit any part without prior written consent.

15. Privacy and Data Protection

We comply with the General Data Protection Regulation (GDPR) and Portuguese data protection laws. Your personal data is collected, stored, and used only for purposes necessary to process your order, provide services, or comply with legal obligations. For details, see our Privacy Policy.

16. Force Majeure

We are not liable for any delay or failure to perform our obligations due to events outside our reasonable control, such as natural disasters, strikes, pandemics, or government actions.

17. Dispute Resolution and Jurisdiction

These Terms are governed by the laws of Portugal and applicable EU regulations. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Portugal.

As a consumer, you may also use the European Commission’s Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/

18. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will take effect upon publication on our website. It is your responsibility to review them periodically.