Translation under review
GENERAL TERMS AND CONDITIONS OF USE
The use of services and the purchase of products at www.bluewatereme.com imply express acceptance of the following general terms and conditions of use between the owner of this website and domain and the user.
These general terms and conditions for the sale of goods and services are agreed between the owner of the domain www.bluewaterextreme.com and the natural or legal persons, hereinafter referred to as "user", "users", "customer" or "customers" who wish to make purchases of goods or services through this website.
Both parties agree that sales made through this website are exclusively regulated by this contract, excluding any other conditions previously presented on this website. Users should regularly access the “General Terms and Conditions of Use” in order to consult any changes to them. The date of the last change will be on the last page of "General Terms and Conditions of Use".
The user declares that he / she is of legal age (over 18 years old) and has all the legal capabilities necessary to contract the services available on this website, expressing that he / she accepts the connection to this agreement and understands and agrees with all the conditions announced here in order to use the services provided at www.bluewaterextreme.com.
The products presented via the internet on this website are sent in physical support to the address provided by the user, after filling out the appropriate form. The user declares as true, complete, clear and precise all the information made available at the time of registration and filling in the personal data form.
The information contained in bluewaterextreme.com may contain technical inaccuracies, price inaccuracies or typographical errors. The owner of the bluewaterextreme.com domain reserves the right to make changes, corrections and / or improvements to the contents of this website at any time and without prior notice.
The use of this website is considered an acceptance of these "General Terms and Conditions of Use".
The "General Terms and Conditions of Use" aim to regulate, make available and define the necessary information to the user of this website about the registration and cancellation of the same, order, sale, prices, payment methods, shipping methods, tracking, delivery, these general conditions also regulate and define the ways and means of canceling the contract, as well as the conditions and means for the return of the goods ordered on this website, guarantees, applicable law and responsibilities.
3. CANCELLATION OF THE "REGISTRATION"
At any time, the user may cancel his registration and "Customer Account".
4. HOW TO CANCEL THE "REGISTRATION"
The "Customer Account" can be canceled by the user in the "Customer Area". Optionally, the cancellation can also be requested through the contact email of this website, after login in the "Customer Area".
The prices of the products provided on this website are clearly visible and explicitly in the same place where they are contracted.
Prices may change frequently and are valid for the date they are displayed.
The products and services provided by this website already include the Value Added Tax (VAT).
Depending on market fluctuations, prices for goods or services may change without notice. Price variations in orders already placed will not be considered.
6. PURCHASE OR PAYMENT REQUEST
During the progress of the purchase process, purchases are made through the "Buy" button associated with each item. The item is automatically transferred to the "Shopping Cart" which is accessed via the respective "Link", here quantities can be changed, new items added or deletion of unwanted products.
The various payment options available are, electronic payment, payment by ATM reference, payment by bank transfer or payment on delivery. Depending on the geographic area, some of these payment options may not be available. During the ordering process, the user will only see the form, or forms of payment available for his geographic area.
- "Electronic Payments" are processed via Paypal or credit card, the latter also through Paypal (see "Secure Payment").
- Payments by "ATM Reference" are made using data from the entity, reference and amount payable sent to the user. In this payment option, the goods are dispatched only after payment verification.
- Payments by "Bank Transfer" are made through IBAN and SWIFT provided during the ordering process. In this payment option, the goods are dispatched only after payment verification.
- The "Cash on Delivery" payment is made to the transport company upon delivery (only made in Mainland Portugal, Madeira and the Azores).
Even if the user may have chosen payment on delivery and this form of payment is available for their geographic area, the owner of this domain may, if he so wishes, request full or partial advance payment for the product ordered before shipping the goods and it is up to to the owner of this domain and only this one, the decision to request one of the prepayment options before sending the order to a particular customer.
7. PROPERTY RESERVE
All goods remain the property of the owner of this website until payment is made.
8. INVOICING AND TAXES
For billing purposes, the VAT Identification Number (VAT) and tax address provided by the user when filling in the registration form will be used.
The user is responsible for the accuracy of the tax data provided when completing the registration form.
The invoice will be issued using the tax data and address provided by the user when completing the registration form. Any changes to the user's tax data must be updated by the user in his "customer area".
If the user has not provided his VAT Identification Number the invoice will be issued as a “final consumer” and therefore without the VAT Identification Number associated to the user.
TAX APPLICATION FOR RESIDENTS IN THE EUROPEAN UNION (EU):
The products and services provided by this website already include the VAT Identification Number (VAT) of 23%.
EU residents, endowed with VAT taxable persons, will be exempt from VAT, after confirmation of the VAT number by the owner of this website.
TAX APPLICATION FOR RESIDENTS OUTSIDE THE EUROPEAN UNION (EU):
Purchases made by individuals or legal entities outside the European Union are exempt from the payment of VAT.
The collection of customs duties and taxes will depend on the customs rules of the country of destination.
Also due to their extra-community status, residents of regions with special extra-community status in the EU such as Ceuta, Melilla and the Canary Islands are exempt from paying VAT.
9. SHIPPING PRICES
The shipping price is presented to the user in the “shopping cart” during the order placement and before the checkout process, so the customer will always know the shipping amount before choosing the payment option.
The purchase of some items may include handling and packaging costs. Shipping costs include handling, packaging and shipping costs. The handling and packaging costs are fixed while the transportation costs depend on the weight of the order, dimensions and geographic region of destination. Volumetric weight can be considered in some shipping methods.
This website presents a table of shipping costs according to dimensions, weight and destination. This table only considers the actual weight and not the volumetric weight. In modalities that apply volumetric weight, this will be considered, whenever it exceeds the real weight. The calculation of the volumetric weight depends on the transport company. For some destinations the shipping cost also includes customs clearance fees requested by the shipping company.
The maximum dimensions allowed for shipments are defined by the shipping companies that carry out the shipments, thus, the size of the order may prevent shipping to some destinations. If during the order preparation there is no option to choose the shipping company, it means that due to its size, it is not possible to send the order to the user's destination through the transportation companies used on this website. In this case, at the user's request, we will try to obtain a quote from another transport company. For this, the user must request this request through the contact email of this website.
10. ORDER PREPARATION AND SHIPPING
The forecast of the preparation and shipping times indicated in this section are not static, we will always try to adapt, if practicable, the preparation and shipping of the order to the user's needs. For this, the user must send a message to the contact email of this website and indicate a desired delivery time.
It is the user's responsibility, during registration, to provide all essential data so that the shipping company can successfully deliver.
Orders are usually sent by registered mail via CTT, CTT Expresso, DPD, DHL or GLS, although other transport companies can be considered at the user's request or at the option of the owner of this website.
If the user wants another carrier other than those mentioned above, in this case, before finalizing the order, request the shipping quote to the contact email on this website,.
The user may, if he / she so wishes, hire a transport company of his / her preference by organizing the collection themselves at our facilities. Such logistics must be planned in advance through the contact email of this website and articulated with our services.
The shipping time varies with the geographic region of destination, the size and / or weight of the order. Information on the estimated shipping time after order preparation will be available during order placement.
If for any reason there is a delay in preparing and / or sending the order, the customer will be informed. A message will be sent to the email address indicated in the register about the change in the order status, as well as the change in delivery times.
For logistical reasons the owner of this website can make a delivery by a transport company other than the one chosen by the user at the time of ordering, without prejudice to the latter in relation to the shipping price or shipping time.
Items ready for shipment and in stock at our facilities are usually dispatched between 2 to 8 business days after the order preparation process and / or payment confirmation.
Items from our suppliers in Europe, even if there is no physical stock in our facilities, will have an indication of "Stock available". After ordering and / or confirming payment, these items may take 5 to 10 business days to be available for dispatch.
Items with the designation “Stock at Supplier” are requested from our suppliers after the order is placed by the user. As a general rule, they are high priced items and handcrafted, often in a personalized way. All or part of the payment can be requested from the user before the order is placed with our suppliers, regardless of whether the "Payment on Delivery" option is available in the progress of the purchase order. The shipping time for the user depends on the production and / or shipping time by the supplier. All information related to the article's manufacturing process will be updated by message to the email indicated in the registration.
Items manufactured and assembled manually in our facilities, may take between 5 to 10 working days to be processed and shipped. These articles will have the indication “Manually Processed”, associated with the description of the article.
Every precaution will be taken to protect and store fragile objects, as well as to ensure safe shipping. At the user's request, insurance may be requested and will be borne by the shipper. The insurance will only be valid when the order is accompanied by the detailed invoice for the insured items. To request insurance, the user must contact us via the contact email on this website.
We advise the user to group their items in one order. We cannot group two separate orders placed separately, and shipping charges will apply to each of them.
All shipments have a tracking code that can be viewed online.
If the user is a company, delivery is made exclusively at the customer's risk and expense. If the user is a consumer, the risk of accidental loss and accidental deterioration of the product sold, is only transferred to the user with the delivery of the product sold.
Delivery is made to the delivery address specified by the customer and is considered effected, even if the buyer is not the recipient of the order.
During receipt, the goods must be inspected by the customer or his representative and checked for transport damage. The transport and packaging damages detected by the customer or his representative must be immediately communicated to the employee of the transporting company, asking for confirmation thereof with details of the damage in the transporting company's document.
In case of damage to the merchandise not detected during delivery but only afterwards, the user should immediately send a message to the contact email of this website, informing him of what happened with sending a photograph and describing the damage.
Failure to comply with the last two obligations described above may result in the loss of the right to revoke and cancel or activate the guarantee and indemnity.
12. LOYALTY POINTS AND DISCOUNT VALUES
The user, when making a purchase on this website, with a minimum value of 10€, is entitled to a certain number of points that revert to a "Voucher" or "Voucher" to use as a discount on future purchases. These points are called “Loyalty Points”.
For each 10€ of purchases, the user qualifies for 1 point, each point corresponds to 0.4€.
The points, when converted into a "Voucher" or "Discount Coupon", can be used in a subsequent purchase up to a period of 1 year.
The "Discount Coupon" obtained can only be used for a purchase with a minimum value of 12€.
The conversion of points into “Discount Coupon” is done automatically by the software after delivery of the goods and verification of good payment.
The "Loyalty Points" and respective "discount vouchers", are available in the customer area with the designation of "Loyalty points".
After 1 year without using the loyalty points, they lose their validity, as well as the associated “Discount Coupon”.
The loyalty points and respective “discount voucher”, obtained in purchases in which the user has requested the return of the same by simple withdrawal, will be canceled, except if the owner of the domain of this website considers the reason for the withdrawal pertinent, but it will always be up to to the latter the decision to cancel or maintain the said loyalty points.
The loyalty points and respective “discount voucher”, obtained in purchases in which the user requests the right of withdrawal, motivated by non-conformities in the merchandise, these non-conformities, are the responsibility of the owner of this website or the transport company.
The relationship between the minimum punctuated amount and the value of each point and the minimum purchase value, in which the "Discount Coupons" can be used, can be changed without prior notice by the domain owner of this website, without prejudice to the users with previous purchases.
Other Vouchers or Discount Vouchers
Other Vouchers or Discount Vouchers can be created by the owner of this website, being responsible for defining the criteria for the creation and assignment of these Vouchers, as well as their validity period.
13. RIGHT OF REVOCATION AND CANCELLATION
The revocation and cancellation of an order is handled on a case-by-case basis by the owner of the domain of this website, the cancellation instructions being defined by the owner within the legal framework in force.
The return can be requested by the user for simple withdrawal, because the product ordered is damaged or defective or because a different product was sent than the one ordered.
The user has the right to request the return of the ordered product without the need to provide any justification within 14 days of receiving the order or at any time before shipping it.
The items returned due to the user's withdrawal must be in a condition of sale, that is, they must be in the same condition in which they were sent to the user, in the original packaging if this was sent to him.
Returns will not be considered for careless use or misuse. The replacement of the order or refund of the amount will only be made after checking the integrity of the returned item. The owner of this domain is responsible for verifying the integrity of returned orders.
In case of return of the total or partial order, the customer may request the return of the amount or an exchange for other items of equivalent value.
If the return request is motivated by the user's withdrawal and the order is already in his possession and within the 14-day reflection period, the return costs will be borne by the owner of this website. In this case, the user should send a message to the contact email of this website in order to organize the return. The choice of carrier for the return of the returned goods must be made in conjunction with the owner of this website and the latter is responsible for choosing the carrier.
If the return request is motivated because the ordered product is damaged or the product that was ordered was not sent, the return costs will be borne by the owner of this website. In these cases, the user should send a message to the contact email of this website in order to organize the return. The choice of carrier for the return of the returned goods must be made in conjunction with the owner of this website and the latter is responsible for choosing the carrier.
After verifying the integrity of the returned item and confirming all the assumptions for refund of the amount, exchange for another item and / or creation of a voucher, the owner of this domain undertakes to make a monetary refund of the value of the order, within 30 days after the intention to cancel the order. Optionally to the monetary refund and if the user so wishes, the exchange for another item or creation of a voucher of identical value can be made.
14. FORM OF REVOCATION AND CANCELLATION
The user must always request the revocation in writing to the contact email available on the website. It can also be requested by written letter and sent to the contact address on this website (Headquarters).
The request for revocation and cancellation of the order must always state the reason for the cancellation such as withdrawal (if within the legal reflection period of 14 days), damaged product, product shipment other than the one ordered and must obey the following revocation form:
Revocation form template:
I, ________________________________________________________________ for this document
I notify the revocation of my sales contract No. (order reference number)
__________________________________________________________________________ and regarding the
ordered at __ / __ / __ / and received at __ / __ / __ /
for the reason______________________________________________________________________________
Customer name ___________________________________________________________________________.
Date __ / __ / __ /
15. GUARANTEES AND INDEMNITY RIGHT
According to the legislation in force, the articles have a guarantee of 24 months. Some articles may be marked with a higher guarantee, this information being associated with the description of the article.
Defects and damage caused by wrong or incorrect handling, as well as the use of inappropriate accessories or alteration of original parts by the customer or by third parties not authorized by the owner of this domain, are excluded from the warranty.
Natural wear is also excluded from the warranty.
If the customer accepts the order or the object of the order despite being aware of any damage or defect, he will only be entitled to compensation within the scope described below, if he claims this right expressly in writing, immediately after receiving the goods. As foreseen if damage is detected at the time of delivery, the description of the damage must be described in a document for this purpose, prepared by the transport company.
The customer will only be entitled to a guarantee and compensation in the amount of the order for existing transport damage, if he has fulfilled the obligation to verify the integrity of the order, the object of the order and made the notification by the contact email of this website in accordance with the provisions.
The request for the activation of the guarantee for a given product and compensation for its value, must be requested in writing to the contact email of this web site, indicating the product in question, the reason why the guarantee is requested and the order reference. The article must be sent to our facilities through previous organization through the contact email of this web site, in order to combine the shipment of the article and the carrier used. Upon receipt, the item in question will be checked at our premises. In case the legitimacy of the warranty activation is verified, the shipping costs spent by the user when returning the item in question will be refunded, or optionally, the shipping costs of a new replacement item will be borne by the owner of this web site.
After verification by the owner of this website and proof of the legitimacy of the right to compensation for activating the guarantee, the user can choose to be compensated with one of the following options: new article, equivalent article, monetary value of the order or the creation of a voucher discount of identical monetary value, to be used in future purchase.
16. CHANGES TO THE GENERAL TERMS AND CONDITIONS OF USE
The owner of this website reserves the right to change these "General Terms and Conditions of Use" at any time. All changes to these General Terms and Conditions will be posted online with the date of change. However, the continued use of the website will be considered an acceptance of the new "General Terms and Conditions of Use", the user is responsible for periodically checking any changes to the "General Terms and Conditions of Use".
17. APPLICABLE LAW
These "General Terms and Conditions of Use" as well as the use that the user makes of the website are governed and built in accordance with Portuguese law. The user accepts the exclusive jurisdiction of the Portuguese courts, namely in the district of Lisbon, for the resolution of eventual cases of disputes that may occur under the present "General Terms and Conditions of Use".
This website has an online complaints book, to access the link:
Alternatively, the user can also make a complaint in the physical complaints book, for this he must send an email to the contact of this website in order to arrange a time at the address of this website.
The owner of this website undertakes to respond to all complaints within the stipulated legal deadlines.
The owner of this website is not responsible for delays or failure to deliver the goods, motivated by incorrect or incomplete data, provided by the user in the situations described below:
Incorrect or incomplete data when filling in the registration form.
Message with incorrect or incomplete address indication, sent to the contact email of this website.
Incorrect or incomplete address message, written on the contact form, during order placement.
The owner of this website does not assume any responsibility for the inability to execute or delay the execution of any of the obligations towards the user if this failure or delay is caused by an event beyond the control of the owner of this website. Events that are out of control are those events that the owner of this website cannot control, such as server maintenance, terrorist attacks, embargoes, riots, war situations, strikes, blockades, commercial conflicts, pandemics, fires, floods, earthquakes or other natural disasters, adverse weather conditions, disruption of transport, customs detention, government action or failure of telecommunications and transport.
If an event outside the control conditions the obligations towards the user of this website, the user will be contacted and the obligations of the owner of this website were suspended until the resolution of the conditioning event. If the event affects the sending or receiving of a return, the user will be contacted in order to organize a new date for sending the order or receiving the return.
The owner of this website is not responsible for physical damage caused by misuse of its articles. The User must make an assessment of the risk of damage caused by improper or improper use of articles marketed on this website.
20. HOLIDAY PERIOD
The holiday period will be displayed on the main page of this website one week before it starts. During the holiday period the store's activities are suspended. All orders placed during this period will only be processed after completion.
21. ALTERNATIVE DISPUTE RESOLUTION
On this website the list of alternative consumption resolution centers is available.
The user can, by his express option, submit the dispute resolution to the appreciation of a consumer dispute arbitration center.
In compliance with article 18 of Law no. 144/2015, of 8 September, it is hereby informed that the Alternative Dispute Resolution entities are those listed in the following list:
Lisbon Consumer Conflict Arbitration Center (CACCL)
National Consumer Conflict Information and Arbitration Center (CNIACC)
Faculty of Law - New University of Lisbon
Porto Consumer and Arbitration Information Center (CICAP)
Algarve Consumer Conflict Information, Mediation and Arbitration Center (CIMAAL)
Consumer Disputes Arbitration Center of the District of Coimbra (CACCDC)
Madeira Consumer Conflict Arbitration Center (CACCRAM)
Vale do Ave Consumer Conflict Arbitration Center / Arbitral Tribunal (CACCVA)
Consumer Information, Mediation and Arbitration Center (Consumer Arbitral Tribunal) (CIAB)
Arbitration Center of the Autonomous University of Lisbon (CAUAL)
With regard to disputes arising from the provision of goods or provision of services through the website www.bluewaterextreme.com, the consumer may also resort to the European Online Dispute Resolution Platform, available at https://webgate.ec. europa.eu/eproposalWeb/
Data taken from the list of Alternative Dispute Resolution entities on the website of the Directorate-General for Consumers in February 2017. At www.consumidor.pt you can consult the updated list.
22. FINAL PROVISIONS
In the event that some of these provisions, for whatever reason, are not applicable, the validity of the remaining provisions is not affected.