TERMS AND GENERAL CONDITIONS  OF USE


The use of the services and the contracting of the products in www.bluewatereme.com imply the express acceptance of the following  "Terms and General Conditions of Use" between the owner of this domain and the user.

These terms and general conditions of sale of goods and services are agreed between the owner of the domain www.bluewaterextreme.com and the fisical or legal persons, hereinafter referred to as "user", "users" or "customer", who wish to make purchases of goods or services through this website.

Both parties agree that sales made through this website are exclusively governed by this agreement, to the exclusion of any other conditions previously presented on this website. Users should have regular access to the "Terms and Conditions  of Use" in order to check 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 of age) and has all the legal capacities necessary to contract the services available on this website, stating that he / she agrees to be bound by this agreement and understands and agrees with all the conditions services provided at www.bluewaterextreme.com.

The products presented via the internet on this website are sent in physical format to the address provided by the user, after completing their own form. The user declares as true, complete, clear and precise all the information made available at the time of registration and completion of the personal data form.

The use of this website is considered an acceptance of these "General Terms and Conditions of Use".

   1. OBJECT

The "General Terms and Conditions of Use" is intended to regulate, make available and define the information necessary for the user of this website about registration and cancellation of the same, ordering, selling, payment methods, shipping, tracking and delivery.

These general conditions also regulate and define the forms and means of cancellation of contract, as well as the conditions and means for the return of the goods ordered in this website, guarantees, applicable law and responsibilities.

   2. REGISTRATION

The creation of an online registration is essential to be able to make purchases on this website. The user must register and open a "Client Account", by selecting the "Your Account" link and "Create Your Account" follow the instructions provided. Your personal data will be treated in accordance with our Privacy Policy (confidentiality), for more details consult the "Privacy Policy". The "legal information" will be fully available upon registration of the user. The validation of the record will be confirmed by a message, which will be sent to the email address provided by the user. Registration allows you to make purchases, check the order history, check the credits, consult discounts and consult / edit personal data and address.

   3. CANCELLATION OF THE "REGISTRATION"

At any time, the user may cancel your registration and "Customer Account".

   4. CANCELLATION OF THE "REGISTRATION"

Cancellation of the "Customer Account" can be made by the user in the "Customer Area". Optionally cancellation can also be requested through the contact email of this website, after login in the "Client Area".

   5. PRICES

The prices of the products provided on this website are clearly visible and explicit in the same place where they are hired.

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 (V.A.T).

Due to fluctuations in the market, prices of goods or services may change without notice. It will not be considered price variations on orders already made.

 6. PURCHASE AND PAYMENT REQUEST

During the progression of the purchase process, purchases are made through the "Buy" key associated with each item. Automatically the article goes to the "Shopping Cart" that is accessed through the respective "Link", here can be changed quantities, added new articles or delete unwanted products.

The various payment options available are, electronic payment, payment by bank transfer or payment against delivery. Depending on the geographic area, some of these three payment options may not be available. During the ordering process, the user will only see the form, or the forms of payment available for their geographical area.

The electronic payments are processed by Paypal or credit card, also the latter through Paypal (see "Secure Payment").

Payments by bank transfer are made through IBAN and SWIFT provided during the ordering process. In this option of payment, the merchandise is shipped after verification of good payment.

The payment against delivery is made to the carrier at the time of delivery (only made in Mainland Portugal, Madeira and the Azores).

Although the user may have chosen payment against delivery and this form of payment is available for its geographical area, the owner of this domain can, if it so wishes, require the full or partial payment of the ordered product, before the merchandise is shipped.
 

   7. PROPERTY RESERVE

All merchandise remains the property of the owner of this website until payment of the same.

   8. BILLING AND TAXES

For invoicing purposes, the Tax Identification Number (V.A.T.) and tax address provided by the user will be used during the completion of the registration form.

The user is responsible for the accuracy of the tax data provided during the completion of the registration form.

The invoice will be issued using the fiscal data and address provided by the user during the completion of the registration form. Any changes to the user's tax data should be updated by the user in their customer area.

If you have not provided your V.A.T. the invoice will be issued as "final consumer" and therefore without the V.A.T. associated user.

IMPLEMENTATION OF THE TAX FOR RESIDENTS IN THE EUROPEAN UNION (EU):

The products and services provided by this site already include the Value Added Tax (V.A.T.) of 23%.

Residents in the EU, with taxable persons of V.A.T., will be exempt from VAT after confirmation of the VAT number by the owner of this website.

 APPLICATION OF THE TAX FOR RESIDENTS OUTSIDE THE EUROPEAN UNION (EU):

Purchases by individuals or legal entities outside the European Union are exempt from paying V.A.T.

The collection of customs duty or taxes will depend on the customs rules of the country of destination.

Also due to their extra community status, residents of Ceuta, Melilla and the Canary Islands are exempt from paying V.A.T.

   9. SHIPPING PRICE

Shipping costs depend on the total weight of the order and geographic region of destination. Volumetric weight can be considered in some shipping modes.

The shipping cost will appear in the "shopping cart" when the order is placed.

Some articles may have the option of free shipping in the Iberian Peninsula.

The cost of second shipments of the same goods, after being returned by the carrier, motivated by incorrect or incomplete personal data provided during the completion of the registration form, will be borne by the user.

10. PREPARING THE ORDER AND DELIVERY

The forecast of the preparation and shipping times indicated in this section are not static, we will always try to adjust, if feasible, the preparation and delivery of the order to the user's needs. To do this, the user must send a message to the contact email of this website and indicate a delivery deadline.

It is the responsibility of the user during registration to provide all the essential data so that the carrier can successfully deliver.

Orders are usually sent by registered mail through CTT or CTT Expresso, although other transport companies can be considered at the request of the user.

If you wish to have a carrier other than CTT or CTT Expresso, you must request the quote for sending to the contact email of this website, before the order is placed.

The user may, if he chooses, hire a transport company of his own choosing by organizing the collection himself at our premises. This logistics must be planned in advance through the contact email of this website and articulated with our services.

The size of the order may prevent shipping to destinations outside Europe.

If during the preparation of the order there is no option to choose the carrier, it means that due to its size, it is not possible to send the order to the country of destination of the user by the transport companies normally used. In this case, at the request of the user, we will try to obtain quotation with another transport company. To do this, the user must request this request through the contact email of this website.

The shipping time varies with the geographic region of destination, the size and / or weight of the order. Estimated shipping time information after preparation of the order will be available during ordering.

If for any reason there is provision for delay in the preparation and / or sending of the order, the customer will be informed. A message will be sent to the e-mail address indicated in the registration regarding the change in the order status, thus changing the delivery times.

Items ready for shipping and in stock are usually dispatched 2 to 8 days after the order preparation process and / or payment confirmation.

Items from our suppliers in Europe, even without physical stock at our facilities, will be labeled "Stock Available". After ordering and / or confirming payment, these items may take 5 to 10 business days until they are available for shipment.

Items with "Pre-Payment" designation are requested from our suppliers after ordering from the user. As a rule, they are high priced items and manufactured in a handmade way, many feces in a personalized way. The entire payment or part of it may be requested from you before the order is placed with our suppliers, regardless of whether the form of payment on delivery is available on the progress of the purchase order. The delivery time for the user depends on the time of production and / or shipment by the supplier. All information regarding the manufacturing process of the article will be updated by message to the email indicated in the registration.

Items manufactured and assembled manually at our facilities may take up to 8 business days to be processed and shipped. These articles will have the indication "Processed Manually", associated to the description of the article.

Every precaution shall be taken to protect and store fragile items, as well as to ensure safe shipment. Insurance may be required that will be borne by the shipper. The insurance will only be valid when the order is accompanied by the detailed invoice of the insured articles.

All submissions have a tracking code that can be viewed online.

   11. DELIVERY

If the user is a company, the delivery is made exclusively at the client's risk. If the user is a consumer, the risk of accidental loss and accidental deterioration of the product sold is only transferred to the user upon delivery of the product sold.

The delivery is made to the delivery address indicated by the customer and is considered to have been made, even if the buyer is not the parcel fitter.

During receipt, the merchandise must be inspected by the customer or his representative and checked for transport damage. The transport and packaging damage detected by the customer or his representative must be immediately communicated to the transport company, requesting confirmation of the damage with a breakdown.

In case of damage to the merchandise not detected during the delivery, the user should send a message immediately to the contact email of this website, to inform what happened.

Failure to comply with the two obligations described above may result in loss of the right of revocation and cancellation or activation of the warranty and indemnification.
 

      12. LOYALTY POINTS AND DISCOUNT VALUES

Loyalty Points

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 in a "Voucher" or "Worth" to use as a discount on future purchases. These points have the designation of "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 2 years.

"Discount Coupon" can only be used in 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 merchandise and good payment verification.

The "Loyalty Points" and their "discount coupons" are available in the customer area with the designation "Loyalty points".

After 2 years without being used loyalty points become invalid, as well as the associated "Discount Coupon".

Loyalty points and their "discount vouchers" will be void, obtained in purchases in which the user has requested the return of the same by simple withdrawal, exept, if the owner of the domain of this website considers the reason for the withdrawal pertinent, but will always be to the latter the decision to cancel or maintain these loyalty points.

The loyalty points and respective "discount voucher", obtained in purchases in which the user requests the right of withdrawal, motivated by nonconformities in the merchandise, nonconformities, with responsibility of the owner of this website or of the transport company, will not be canceled.

The relation between the minimum amount and the value of each point and the minimum purchase value, in which "Discount Coupons" may be used, may be changed without notice by the owner of the domain of this website, without prejudice to the users with previously purchased purchases.

 
Other Vouchers or Discount Vouchers

Other Vouchers or Discount Vouchers can be created by the administrator of this domain, being the responsibility of this one the definition of the criteria for the creation and attribution of these Vales, as well as the period of validity of the same.
  
   13. RIGHT OF REVOCATION AND CANCELLATION

The user has the right to request the return of the ordered product without having to present any justification until 14 days after receiving the order or at any time before sending it.

The revocation and cancellation of an order is dealt with on a case by case basis by the owner of the domain of this website, with the instructions and cancellation conditions defined by it.

The return may be requested by the user for simple discontinuance because the ordered product is damaged or defective or a different product has been shipped than was ordered.

Items returned due to the user's withdrawal must be in a condition to sell, in other words, they should be in the same condition as they were sent to the user in the original packaging if this was sent to him.

They will not be considered discarded for careless use or misuse. The replacement of the order or return of the amount will only be made after the integrity of the returned item has been verified. It is up to the owner of this domain to verify the integrity of the returned parcels.

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. Optionally, if the user so wishes, a discount coupon with the same monetary value of the returned order may be created for later use and with a validity of 24 months.

If the return request is motivated by the user's withdrawal and the order is already in his possession, the return costs will be borne by the user. In this case, the user should send a message to the contact email of this website in order to organize the return.

If the return request is motivated because the ordered product is damaged or the product that has been ordered has not been shipped, the return costs will be borne by the owner of this website. In such cases, the user should send a message to the contact email of this website in order to organize the return.

After verification of the integrity of the returned article and confirmed all the assumptions for refund of the amount, exchange for another article and / or creation of a voucher, the owner of this domain undertakes to make the monetary refund of the order, within 30 days after the intention cancellation of the order. Optionally to the monetary refund and if the user so wishes, the exchange can be made by another article or creation of a voucher of the same value.
  
14. WAY OF REVOCATION AND CANCELLATION

The user may always request written revocation for the contact email available on the website. It can also be requested by written letter and sent to the contact address of this website (Headquarters).

The request for revocation and cancellation of the order should always state the reason for cancellation such as, cancellation, damaged product, shipping of product other than the ordered and obeying the following form of revocation:

REVOCATION FORM


Model of the revocation form:


I, ________________________________________________________________ hereby notify the revocation of my sales
contract No. (order reference number) ___________________________________________________and referring to the
articles_____________________________________________________________________________________________.


Commissioned in __ / __ / __ / and received in __ / __ / __ /
for the reason of_ ___________________________________________________________________________________.

Customer Name _____________________________________________________________________________________.
Customer Address ___________________________________________________________________________________.

Date __ / __ / __ /

   15. WARRANTY AND DUTY OF COMPENSATION

In accordance with current legislation, the articles have a 24-month warranty. Some articles may be marked with a superior guarantee, this information being associated with the description of the article.

Damages and damages arising from improper or incorrect handling, as well as the use of improper 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 and tear is also excluded from the warranty.

If the customer accepts the order or 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 expressly claims this right in writing, immediately upon receipt of the goods. As expected, if damage is detected at the time of delivery, the description of the damage must be described in a document to that effect, prepared by the transport company.

The customer will only be entitled to the warranty and compensation in the value of the order for existing transport damages, if he has fulfilled the obligation to verify the integrity of the order, object of the order and made the notification by the email of contact of this website as planned .

The request for the activation of the warranty for a particular product and compensation of its value, must be requested in writing to the contact email of this web site, indicating the product concerned, the reason for which the warranty is requested and the order reference. The article must be sent to our facilities by prior arrangement through the contact email of this web site, in order to combine the sending of the article and the carrier used. Upon receipt, the item will be checked at our premises. In the event that the warranty activation is verified, the shipping costs incurred by the user in returning the item 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 indemnity for activation of the warranty, the user may choose to be indemnified with one of the following options: new article, equivalent article, monetary value of the order or creation of a voucher of identical monetary value, to be used for future purchase.

    16. CHANGES TO THE TERMS AND CONDITIONS OF USE

The Website owner reserves the right to change these Terms and Conditions at any time. All changes to these Terms and Conditions will be published online with the date of change. However, continued use of the site will be considered an acceptance of the new General Terms and Conditions of Use, it is the responsibility of the user to periodically check any changes to the General Terms and Conditions of Use.

   17. APPLICABLE LAW

These Terms and Conditions of Use as well as your use of the Website are governed by and construed in accordance with Portuguese law. The user accepts the exclusive jurisdiction of the Portuguese courts, in particular in the region of Lisbon, for the resolution of eventual cases of litigation that may occur under these Terms and Conditions. Link to the platform of the European Commission in accordance with the Regulation on online dispute resolution (RLL Regulation).

18. COMPLAINTS

This website has an online complaints book, just go to the link ...

   19. RESPONSIBILITY

The owner of this website is not responsible for delays or non-delivery of the goods, motivated by incorrect or incomplete data provided by the user in the situations described below:

  •   Incorrect data while completing the registration form.
  •   Message with incorrect or incomplete address, sent to the contact email of this website.
  •   Incorrect or incomplete address, written on the contact form, during the execution of the order.


The owner of this domain assumes no responsibility for the inability to perform or delay in performing any of the obligations to you if this failure or delay is caused by an event beyond the control of the owner of this website. Events that are beyond the control of events that the owner of this website can not control, such as server maintenance, terrorist attacks, embargoes, riots, war situations, strikes, blockades, commercial conflicts, fires, floods, earthquakes or other natural disasters, adverse weather conditions, disruption of transport, customs withholding, governmental action or failure of telecommunications and transportation.

In the event that an event beyond the control condition the obligations to the user of this website, the user will be contacted and the obligations of the owner of this website will be suspended until the resolution of the conditioner event. If the event affects the sending or receiving of a return, the user will be contacted in order to arrange a new date of delivery of the order or receipt of the return.

The owner of this website is not liable for physical damage caused by misuse of your articles. The User must make an assessment of the risk of damage caused by improper or improper use of articles sold on this website.

   20. ALTERNATIVE RESOLUTION OF DISPUTES

The owner of this website is neither obliged nor generally disposed to participate in a dispute settlement process before a consumer conciliation body.

   21. FINAL PROVISIONS

In the event that some of these provisions, regardless of the reason, do not find application, the validity of the remaining provisions is not affected.


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