These terms and conditions establish: (i) the rules that regulate the access and use of the site www.shop.caiagua.com, its features, services and contents (the “Site”) and, if applicable, (ii) the contract for purchase and sale between, on the one hand, the company De Frias e Gouveia, Unipessoal Lda. with registered offices in Sintra Business Park, Ed. 01, Fr. 1P, 2710-089 Abrunheira (Portugal), with share capital of € 5,000.00, registered in the Commercial Registry under the single registration and corporate taxpayer number 513200339, telephone no. +351 219112782, from 9:00 to 18:00 (GMT), electronic mail address firstname.lastname@example.org (the “Company” and/or “CAIÁGUA”) and, on the other hand, the natural or legal person (the “Customer”) who is making purchases through the Site, (hereinafter referred to, in its totality, as “Terms and Conditions”). The Customer must be over 18 years of age and be legally capable of entering into contracts.
These Terms and Conditions are subject to Portuguese law and, in the event of a dispute, the competent court shall be the district court of Sintra, with the express renunciation of any other, without prejudice to the Customer and the Company reaching an amicable settlement.
By accessing and using the Site, the Customer is manifesting his/her agreement and acceptance of the Terms and Conditions currently in effect at any time, so it is therefore recommended that they be read periodically. If you do not agree with any of these rules, you should not use the Site.
We also recommend that the Customer regularly reads this document, since these usage rules may be altered at any moment. If you do not agree with any of these usage rules, you should not use the Site.
If any of the clauses in these Terms and Conditions are impracticable or are in conflict with the law, the validity of the remaining parts or provisions will not be affected.
If you have any questions about the Terms and Conditions, please send us your request for clarification by email to email@example.com.
1.1. The Site and its contents are the exclusive property of the Company or of the entities or persons who have authorised their respective use.
1.2. The Company does not guarantee that the Site will meet all requirements and expectations that you have, or will serve your specific purposes.
1.3. Use of the Site is at your own expense and risk, and you are responsible for any losses or damage to data.
1.4. The Company is not responsible for any links, or for the use that third parties may make of their contents.
1.5. Any advice, recommendations or information presented on the Site may not be current, rigorous, complete or error free, so that the Company cannot be held responsible for this.
1.6. The Company is not liable for any damage caused by use of the Site. The Company is not responsible for the infrastructure of the Site, so it cannot guarantee that the Site will always be available whenever you wish to use it, or that it will operate in an uninterrupted manner, that it will be free of errors or failures, or that it will be continuously available. The Company is not liable for damage or losses that may arise, particularly, from the using or impossibility of using the Site, that result from problems with electronic, computer or telecommunication systems, including servers, as well as the interception or manipulation of electronic communication by third parties or computer programs used for communication, transmission of viruses, phishing, or other anomalies or unlawful computer activities.
1.7. The Company may, at any time, and without prior notice to the Customer, suspend or close the Site or any part of it, for special operations of management, maintenance, repair, alteration or modernization, and may close the Site or any of its services definitively or temporarily, partially or totally, at any time, as it sees fit, without prior notice, without this resulting in any right from which any kind of indemnity or compensation may be claimed by the Customer.
1.8. The Site, including its contents, materials, features or resources, may not be used or exploited, for commercial ends or paid for in any way, unless authorized by the Company. In particular, no brand, product or service whatsoever, shall be promoted, disseminated or advertised, even if at no charge, without the prior authorisation of the Company, including specifically: The creation of content, offers for sale, requests for sponsors or the promotion of contests, commercial messages of any kind, including those generated by banner exchange services.
The Products appearing in the Site are sold by the Company and purchased by the Customer, who for the purposes of payment and other supplementary costs due for the Product(s), will be redirected to one of the following sites: Pay Pal or Hi Pay. These are the payment institutions responsible for the processing of payments due for the purchase.
3.1. The procedure for creating a Customer account on the Site (“Account”) is performed through entering the requested information, which includes, name in full, full address (including post code), taxpayer number, telephone number and email address. All the data must be true, complete, accurate and current. Any alteration in relation to this information must be reflected in the registered account or, if this is impossible, communicated to the following email address: firstname.lastname@example.org.
3.2. The entering of purchase information and its accuracy is the exclusive and entire responsibility of the Customer, and the Company cannot be held responsible for the loss or misplacement of orders if this information is inaccurately entered.
3.3. The restricted access of each Customer is guaranteed by the attribution of a login and a password, which should be altered regularly.
3.4. The account is non-transferrable, and intended for individual usage. The Customer must not reveal his access information to others, namely and particularly his password, with the Customer being exclusively responsible for maintaining the confidentiality and security of his/her account.
4.1. To make any order you must (i) select and confirm the Product(s), (ii) fill out the respective Customer data fields, (iii) accept the Terms and Conditions and authorize the collection and processing of your personal data by the Company, (iv) chose the payment method and (v) click on the “Pay” button to proceed with payment through the Pay Pal or Hi Pay site.
4.2. After the order had been received (which constitutes an offer to purchase), the Customer will receive an email confirming receipt of the order, although this email does not constitute its acceptance, which is conditional on its effective payment and the availability of the Product(s) ordered.
5.1. The information contained on the Site and the filling out of the Customer data fields does not constitute a proposal of sale, nor does it correspond to the celebration of a contract between the Company and the Customer.
5.2. The contract of purchase and sale between the Company and the Customer is only concluded after (i) payment of the Company by the Customer, for the Product(s) in question and (ii) receipt of it by the Customer.
5.3. The Company does not offer any after sales service, nor does it provide any type of guarantee for the Products sold, without prejudice to the Customer freely contacting the Company with respect to any of the Products they have acquired by sending an email to email@example.com or by telephoning + 351 219112782.
6.1. Any order and/or delivery of Products to Customers is subject to the respective availability so that the Company reserves the right to refuse to accept or cancel any order that has already been confirmed.
6.2. In the event of cancellation of an order, the Company will inform the Customer, who shall be entitled to a refund of the amount paid for the Product(s).
7.1. The portfolio of Products that, at any moment, is shown on the Site may be altered by the Company at any time.
7.2. The characteristics of the Products are those described on the Site itself, and the photos and images contained on the Site are merely indicative.
7.3. The description of the Products does not constitute any guarantee of the express conformity or suitability of a Product. The details, descriptions and prices of the Products on the Site are subject to revision and may contain errors or inaccuracies that, for the purpose of return, will not be considered defects of the Product in question.
8.1. The prices of the Products, which include VAT at the rate in effect at the time of purchase, are written in Euros and will be increased by additional charges for delivery, shipping and/or postage (if and when applicable).
8.2. The additional charges for delivery, shipping and/or postage may vary for each of the orders made so that, from the outset, the Customer recognizes and accepts that the total value to be paid for the Product(s) may be more than that indicated on the Site when the Product(s) was selected.
8.3. The prices of the Products are valid up until 23:59 on the day on which the ordering process is concluded. After this time, the prices may be altered by the Company without, however, this having any effect on orders already processed.
9.1. Payment of Products is carried out through PayPal and HiPay sites, which are the payment institutions responsible for the processing of payments due for the purchase. These two platforms, together, allow the customer to confirm any purchases using the following means of payment: Visa, Master Card, Maestro, American Express, Sofort, Carte Bleue, Ideal, Bancontact Mister Cash, Belfius, ING, CBC Online, KBC Online, SisalPay, Referência Multibanco and Boleto Bancário.
9.2. The Company has no access to the banking details of the Customer.
9.3. Clients can also pay by Bank Transfer. For this purpose the Client must contact the Company at the following email: firstname.lastname@example.org
9.4. The invoice will be sent by the Company to the email address indicated by the Customer in the ordering process or in the following days.
10.1. The dispatch of the Product(s) which make up the order will be done after confirmation of payment (verification) and of the existence of stock.
10.2. Free delivery within the European Union. 20€ (twenty euros) for other selected countries [free for purchases from 200€ (two hundred euros)].
10.3. Delivery times are only estimates. Estimated delivery time of up to ten working days (up to seven working days for countries from the European Union, up to five working days for Spain and up to three working days for Portugal).
11.1. The Customer has the right to withdraw from this contract and the possibility of exchanging and returning the products purchased through this Site.
11.2. In order for a Product to be exchanged or returned the following conditions apply: (i) it must be unused, (ii) it must be in the same condition as it was received by the Customer and (iii) it must be returned as it was sent by the Company to the Customer, properly packed in the original packaging received by the Customer.
11.3. The exchange and return of Products acquired through the Site and the withdrawal from this contract must be done within the maximum period of 14 (fourteen) days counting from the date of receipt of the Product(s) by the Customers.
11.4. In order to meet the deadline of 14 (fourteen) days for exercising the right to withdraw from the contract, the Customer’s communication regarding the exercising of this right must be sent to the Company before the end of this period.
11.5. For the purpose of exchanging and returning Products the Company will send a return form that must be filled in by the Customer, regarding their return. The Customer must (i) send an email to the electronic mail address email@example.com notifying the Company of their unequivocal intention to make a exchange or return, making express reference to the Product(s) that they intend to exchange or return, (ii) ship to the address of CAIÁGUA.
11.6. In the event of a exchange or return, the Customer is solely responsible for the Product until it is received by the Company in the condition required for this purpose.
11.7. The Customer shall cover all costs inherent in the exchange or return process, except where this arises from a defect in the Product. In the latter case, after receipt of the Product, the Company shall refund the Customer for the value of the Product, including the costs, duly proven by the Customer, of returning it.
11.8. If, after receipt of the Product sent by the Client, the packaging is damaged or the Product shows signs of use, the Customer will not be reimbursed for the value of the Product or for any costs inherent in its return.
11.9. For the purposes of this clause and this Contract, “receipt of the product” is understood as the moment at which (i) the Products ordered are delivered to the address of the Customer or the address of the Company (in the case of return), independently of the person who signs the delivery slip, if applicable; or (ii) the moment at which the Products ordered are picked up, or the date on which they were not delivered to the address for reasons attributable to the Customer, as applicable, without prejudice to any increases regarding shipping costs.
12.1. The Customer recognizes that the Site, its structure and configuration, the selection, organisation and presentation of its content, including its features and the software used in it, the brands, logos and symbols presented on the Site are the property of the Company or were duly licensed by it.
12.2. The Customer also recognizes that the contents of the Site (text, images, graphics, sound and animation and all information provided) are protected by intellectual property rights and that these rights must be respected.
12.3. It is the Company’s responsibility to manage the Site, so that the Company may, at any time, revise, modify or eliminate any contents, services, options or features, as well as modify its presentation and configuration, and alter its respective URLs.
12.4. The Customer is not authorised to transmit, communicate to the public, place at the public’s disposal, modify, transform, copy, sell, use or distribute, in any form, the texts, images, or other information contained on the Site without prior written authorisation by the Company. The use of brands and logos on the Site, as well as the availability of material and products on the Site, do not confer, and cannot be interpreted as conferring, permission on the Customer to use, directly or indirectly, such brands, logos or material.
13.2. In order for Customers to create an Account, they must register on the Site and provide some person details about themselves.
13.3. The Customer’s personal data will be processed, digitally stored and is intended to be used by the Company within the scope of the management of the contractual and/or commercial relationship with the Customer and, if authorized by the Customer, for the marketing of the Company’s products and services, through the sending of communications whose receipt is independent of the intervention of the recipient.
13.4. Under the terms of the applicable legislation, the Customer is guaranteed, at no additional cost, the right to access, rectify and revise their person data, directly or through a written request, as well as the right to oppose their use for the purposes of the previous clause, and for this purpose, should contact the entity responsible for the processing of personal data at the address Sintra Business Park, Ed. 01, Fr. 1P, Abrunheira, 2710-089 Sintra.
13.5. The Company has adopted the following security measures. However, given that the Internet is an open network, the personal data, other personal information and all hosted content may circulate on the network in unsafe conditions, inclusively running the risk of being accessed and used by third parties not authorised for this purpose, the Company cannot be held liable for this access or usage.
The Company may make available links to other pages or other entities. These sites neither belong, nor are operated or controlled by the Company, and as such the Customer accepts and understands that the Company is not liable, and does not approve or support or subscribe in any form to the content of these sites, nor sites linked or referred to in them. The establishment of links does not imply, in any case whatsoever, the existence of a relationship between the Company and the owner or manager of the web page to which the link connects. The use of these links is at the entire responsibility of the Customer.
15.1. The Company does not guarantee that the Site will function in an uninterrupted form, that it is error or failure free, or that it is available in a continuous manner.
15.2. The Company will employ its best efforts to prevent the Site having any type of virus or other elements of a dangerous nature for your computer. However, given that the Company cannot entirely control the circulation of information through the Internet, it cannot guarantee that this does not contain any type of virus or other element that might damage your computer.
15.3. In order to guarantee the security of the Site, the Company may at any moment, and without needing to give prior warning, take necessary measures to guarantee the integrity, security, continuity or quality of the Site, including restrictions or limitations of access.
16.2. In the event of the Account being suspended, the Company shall have the right to determine what restrictions of access and usage should be applied and which should remain in effect until the non-compliant situation is rectified; the eventual reactivation of the Account will be communicated to him/her.
16.3. During the suspension, the Company may, at any time, cancel the Customer’s Account, particularly if the noncompliant situation is not rectified in the due time.
16.4. The Company will not be held responsible, directly or indirectly, for any damage resulting from the cancelation or the suspension of the registration.
16.5. The Company may also remove, without needing to give prior notification, all and every content or material that is made available through the Site, when this content or material is patently illegal, when this is requested by third parties with indications that it may violate their rights or when this is required by a legally competent entity.
16.6. The Company may also request him/her to immediately delete any content that violates or is likely to violate the Company's rights or those of third parties, or infringes legal rules. They should immediately remove content, if requested to do so by the Company.
The Customer may cancel his/her Account by email to firstname.lastname@example.org, or by letter to Sintra Business Park, Edifício 01, Fracção 1P Abrunheira 2710-089 Sintra
18.1. The civil, pre-contractual, contractual and/or non-contractual liability of the Company is limited to the amount corresponding to the price of the Product ordered.
18.2. The Company, within the limits permitted by law, is not liable for loss or damage arising out of any breach, default or defective performance, that is not directly attributable to its intent or gross negligence, and is not responsible for, in particular (i) errors, omissions or other inaccuracies relating to the information available on the Site; (ii) damage caused by the fault of the Customer or any third party, including intellectual property violations; (iii) non-compliance or limited compliance arising from compliance with judicial decisions or those of administrative authorities; (iv) annulment or cancellation of orders, for any loss of profit, revenue, contracts or savings, or any other direct, indirect, accessory, special or consequential damages, arising from its use or incapability to be used; (v) breach by the Customer, of laws and regulations in the place where the customer is located; (vi) non-compliance or limited compliance resulting from the occurrence of suspension; or (vii) non-compliance, default or limited compliance resulting from the occurrence of force majeure, i.e., situations outside the Company and that it cannot control, such as fires, power failures, explosions, wars, riots, embargos, civil insurrection, governmental decisions, strikes, earthquakes, floods or other natural disasters or other situations beyond the control of the Company, for example, acts attributable to manufacturers, shippers and other distributors that prevent or hinder the performance of obligations undertaken. The Company is not liable for damages for loss of profits, data, for the use or impossibility of using the Site, business interruption, for the difficulty of obtaining any replacement Product, or any other losses, even if previously notified by the Customer.
19.1. For the purpose of communications or notifications to the Customer, the Company will use the contact details that are associated at that time with the Customer Account, and the Customer shall inform the Company of any change. If there is no objection from the Customer, the Customer may receive communications via SMS or email. For the purpose of serving or notifying any legal action, the Customer’s address will be considered that indicated in their Account.
19.2. Any complaints, suggestions or correspondence from the Customer to the Company, shall be sent to the following email address email@example.com or by telephone to the number +351 219112782.
20.1. The Company may, at any time, suspend or terminate the Site or any part thereof, without prejudice to its ongoing obligations, resulting from orders that it has already started processing in the meantime.
20.2. The Company may also restrict, at its sole discretion, access to any part of the Site.
20.3. The suspension or termination of the Site or part thereof, shall not entitle the user, whatever the reason, to receive any indemnity or compensation from the Company