1. INTRODUCTION
This document governs the terms and conditions of use of this website and the agreement between us (Cabo d 'Mar / Vendor / us/us) and You (user).
These Terms enshrine the rights and obligations of all users and Cabo d 'Mar related to the goods/services made available on this website.
Before you press the "CONFIRM ORDER" button at the end of the ordering operation, you should carefully read these Terms. If you do not agree to these Terms, in its entirety, you must refrain from placing any order.
These Terms are subject to change, so you should read them before placing any order.
If you have any questions about these Terms, please contact us using our website or through our electronic form.
2. USE OF THIS WEBSITE
These Terms are the only conditions applicable to the use of this website and prevail over any other conditions, except in the case of express agreement of the Seller, previously given in writing. These Terms are important for both parties as they are intended to protect the rights of the user as a customer as well as our rights as Seller and are designed to establish a legally valid agreement between the parties.
By placing an order, you confirm that you have read these Terms, which you accept without any reservation.
You agree that:
You may only use this website to make inquiries or orders that are legitimate.
You will not place orders that are speculative, false or fraudulent. If we have reasonable grounds to believe that a particular order is of such a nature, we reserve the right to cancel it and to inform the competent authorities.
You will be required to provide a correct and complete email address, postal address, or other contact information, and you agree that Seller may contact you using such data if you deem it necessary.
Failure to provide Seller with all the information it deems necessary may not be possible to complete your order.
By placing an order through this website, you represent that you are over 18 years of age and have the legal capacity to enter into contracts.
3. FORMATION OF THE CONTRACT
The information contained in these Terms is not a proposal for sale but a mere invitation to negotiate. No contract relating to the foregoing products will be established between Seller and User without the order being accepted by the Seller (regardless of whether or not a charge has been made to the User's account). If the order is not accepted once a charge has been made to the user's account, the amount will be refunded in full.
To place an order you must follow the online purchase process and press the "CONFIRM ORDER" button.
You will then receive an email confirming that your order has been received by Seller (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. The order is only a proposal to purchase one or more of our products.
Any order is subject to the respective acceptance by the Seller, which will always be confirmed by sending an email notifying the shipment of the product (s) -Confirmation Shipping.
The contract of sale between Seller and user (Contract) will only be formalized with the communication of the Confirmation of Shipment. The Agreement will only concern the products mentioned in the Shipping Confirmation. The Seller will not be obliged to supply any other products that may appear on the order until the shipment of them has been subject to another Shipment Confirmation.
You agree that:
You may only use this website to make inquiries or orders that are legitimate.
You will not place orders that are speculative, false or fraudulent. If we have reasonable grounds to believe that a particular order is of such a nature, we reserve the right to cancel it and to inform the competent authorities.
You will be required to provide a correct and complete email address, postal address, or other contact information, and you agree that Seller may contact you using such data if you deem it necessary.
Failure to provide Seller with all the information it deems necessary may not be possible to complete your order.
By placing an order through this website, you represent that you are over 18 years of age and have the legal capacity to enter into contracts.
4. AVAILABILITY OF PRODUCTS
Cabo d 'Mar ships parcels throughout Europe within a specified delivery time at the time of finalization, depending on the country of destination.
The carriers with whom we have protocols make deliveries from Monday to Friday, between 8 and 19 hours at the address you wish.
In the case of Mainland Portugal and Madeira, deliveries are made on the next business day if the order is made until 2.30 pm.
For the Azores, the delivery time can vary between 4 to 7 business days.
Track my order
When your order is shipped, you will receive a code in your email so that you can find it on the website of the carrier you have chosen.
If you have difficulties locating your order, please contact us at info@cabodemar.com
Click here to track your order
Difficulties in delivering
If the carrier is unable to deliver the order, it will retry the next day or contact you to schedule a new delivery. In the specific case of CTT Expresso, a postcard will be left to pick up the parcel at the post office.
5. REFUSAL OF ORDER
Seller shall not be liable to you or any third party for the removal of any product appearing on this website for the alteration or deletion of any materials or contents on this website, or for refusal to complete processing or to accept any order that has been Receipt of an Order Confirmation.
6. FREE RIGHT OF USER RESOLUTION - "Cooling OFF"
The user contracting as a consumer may freely resolve the Contract within 15 days from the date of delivery of the products. In this case, the user will be reimbursed for the entire price paid for the products, as provided in the Return Conditions (see clause 12 below).
Please see the Return Conditions for returning products. The right to terminate the Agreement will only take place if the products are returned in the same state in which they were received by the user. This should be returned with all instructions, documents and packaging materials. Any damaged product that is not in the same condition as it was received by the user or which has signs of use other than simply opening the packaging will not be refunded.
Please take care of the handling of the product (s) while it is in its possession and keep the original boxes, instructions, documents and other packaging materials in its possession. , For later return and collection of the products.
More detailed information on the right to terminate the contract and explanations regarding its exercise are covered by clause 12 of these Terms. This provision shall be without prejudice to any rights deriving from the law.
7. DELIVERY
Provided they are available (see clause 4 above), Seller will use its best endeavors to ensure that, except in exceptional circumstances, the products contained in a Shipment Confirmation are delivered to the user by the date hereof or not With an indication of the date, within 15 days from the date of the Confirmation of Receipt of Order.
Possible reasons for the delay include:
Specialized products;
Unforeseen circumstances;
Delivery area;
If for any reason, the Seller can not deliver on the scheduled date, the user will have the option to maintain the order by extending the delivery period or canceling it in full. You should note that in any event, Seller does not deliver on Saturdays or Sundays.
For the purposes of these Terms, a "delivery" is deemed to be made or a product is deemed "delivered" with the signature of the delivery receipt at the agreed upon address.
Shipping charges are free on purchases over and above:
Portugal and Europe 95EUR
8. IMPOSSIBILITY OF DELIVERY
If Seller is unable to deliver after 1 attempt, it will arrange to find a safe place to leave the product ordered. A note will be left explaining where the product is located and how the order can be raised.
9. RISK AND PROPERTY
From the moment of delivery, the risks related to the product supplied will be borne by the user.
Ownership of the supplied products will only be passed to the user when Seller has received full payment of the amounts due for the delivery of the product, including delivery charges, or after delivery, whichever is the later.
10. PRICE AND PAYMENT
Except in the case of obvious error, the price of the products will be what is indicated at all times on our website. Although Seller seeks to ensure that all prices indicated on the website are correct, errors may occur. If Seller finds that the price of a product contained in an order is wrong, it will inform the user as soon as possible, giving you the choice between reconfirming the order at the correct price or canceling it. If it is impossible to contact the user, the order will be canceled and the user will be fully refunded of the price of the products if he has already paid them.
Seller shall have no obligation to supply any product at an incorrect (if inferior) price even if a Shipment Confirmation has already been issued if the error is notorious, unequivocal and should have been identified by the user in reasonable circumstances.
The prices shown on this website are VAT included (when applicable) but do not contain delivery costs, which will be added to the final price.
We reserve the right to refuse orders of great size or value. All prices and quantities available are subject to change at any time but, except as noted above, this change will not affect orders for which a Shipment Confirmation has already been issued.
When the user has finished their purchases, all the products that they want to acquire will be inserted in their basket and the next step will be the process of registering the exit and the realization of the payment. For this purpose you should:
Press the VIEW CART key at the top of the page.
Press the GO key to CHECKOUT.
Fill in or confirm the information regarding your contacts, your order, billing address, shipping address, transportation and payment method.
Press the CONFIRM YOUR ORDER key
Proceed to payment.
You can pay with the Visa, Maestro, American Express and Discover cards, through an ATM reference, through a bank slip, through the payshop, through a Paypal account. The Seller uses PayPal Business Services and the company HI-MEDIA PORTE MONNAIE ÉLECTRONIQUE SA to process all of its payments. Check out the company websites to learn more about the services: https://www.hipay.com || Https://www.paypal.com.
ORDER. When making the payment you are confirming that you are the holder of the card or the PayPal account. The authorized amount will be charged at that time.
Credit cards are subject to verification of validation and authorization by the issuing entities, but if the card issuer does not authorize payment the Seller will not be held liable for any delay or non-delivery and may not enter into the Contract with you.
11. VALUE ADDED TAX
In accordance with the rules and regulations in force, purchases made through this website are where applicable, subject to Value Added Tax (VAT).
Retail prices, whether for an individual customer or a company, including where applicable the Value Added Tax (VAT).
12. CONDITIONS OF RETURN
General rule for return
If you wish to return a product you must do so by delivering it to a freight company for the address of the seller. The user must contact the Seller using the electronic return form.
The user must return the product in the same package as the first delivery. Whenever possible, the user must accompany the product to be returned with all original boxes, instructions/documents, and packaging materials. Seller will inspect the returned product. Any product that has been damaged, is not in the same condition as the user received it or that shows signs of use beyond simply opening the packaging, does not give the right to a refund.
The User will be responsible for the shipping costs (shipping and collection costs).
Return by withdrawal
The User has until 15 days after the date of delivery of the products to return them, without any justification being required (except in the case of products made according to your specification or customized).
The User will be responsible for the shipping costs (shipping and collection costs). The collection costs are the same as those for shipping. These costs will be deducted from your initial payment, and the balance will be returned to you.
Return of defective products
If you understand that the product supplied on delivery is not in accordance with the provisions of the Contract, you should promptly contact the Seller via an electronic form informing you of the condition of the product and its defects.
Seller will inspect the returned product and inform the user of the right to replacement or refund (if applicable) via email within a reasonable time. Seller will, as a rule, refund or replace as soon as possible and in any event within 30 days from the date of confirmation via email that you are entitled to refund or replacement of the defective product. Products returned by the user due to defects, if confirmed, will be refunded for the entire amount paid, including delivery costs and return charges. The refund of any amount paid will always be made via payment method used in the purchase of the product.
Refund
The refund will take place as soon as possible (in any case, within 30 days from the date of notification of the return). The refund of any amount will always be made through the same payment method used to purchase the product.
These provisions are without prejudice to any rights of the user, arising directly from the law.
13. PRIVACY POLICY
Seller respects your privacy. Any and all information collected on the website will be kept confidential and will not be sold, supplied or reused by third parties without your authorization. Any information that is provided to us will be treated with care and used solely for the purpose of executing your order and will improve your experience on our website. - See Complete Privacy Policy.
14. RESPONSIBILITY AND EXCLUSIONS
Seller's liability for any product purchased through this website is limited to its purchase price.
Nothing in these Terms shall exclude or limit Seller's liability:
For death or personal injury caused by your negligence;
Fraud or misleading fraudulent information;
With respect to any matter in which the exclusion or limitation, or the attempt to exclude or limit Seller's liability, is unlawful.
Notwithstanding the provisions of the preceding paragraph, Seller, to the maximum extent permitted by law and except as otherwise provided in these Terms, rejects any liability for indirect losses or damages that occur as a result of major losses or damages , Whether arising out of the practice of unlawful, contractual or non-contractual, including mere negligence, whether or not predictable, exemplarily by:
Loss of business;
Loss of income or income;
Loss of results or contracts;
Loss of profits;
Loss of data;
Management time and hours of activity.
Due to the open network nature of this website and the possibility of error in the storage and transmission of digital information, Seller does not guarantee the accuracy and security of the information transmitted or obtained through it, except where expressly stated otherwise.
All descriptions of products, information, and materials contained in this website are made available in its precise terms ("as is") and without any guarantee of express, implied or consequential compliance for any reason.
To the maximum extent permitted by law, Seller does not assume any kind of guarantee, without, however, implying the exclusion of liability that can not be legally removed in the scope of consumer rights.
Nothing in this clause prejudices the legal rights of the user, as a consumer, nor does it affect their right to terminate the Contract.
15. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright (trademark) or trademarks and other intellectual property rights relating to any and all material and content that is part of this website remains at all times in the ownership of the Seller Or its licensors. You are permitted to use such material only to the extent expressly authorized by Seller or its licensors. This does not prevent you from using this website to obtain a copy of an order or the terms of the Agreement.
16. WRITTEN COMMUNICATIONS
The applicable law requires that some of the information or communications that the Seller sends to users assume the written form. By making use of this website, the user accepts that the communication between him and the Seller is mainly electronic. Seller will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you accept this means of communication by electronic means and acknowledge that any contracts, notices, information and other communications that the Seller transmits electronically satisfy the legal requirement that such communications be made in writing. This provision is without prejudice to any rights of the user arising directly from the law.
17. COMMUNICATIONS
All user communications to Seller must be submitted via the electronic form. Notwithstanding Clause 16, Seller may communicate with you either by email or by mail to the address on your order.
Any communication will be received by the moment it is inserted into the website, 24 hours after sending an email, or on the third day after the date of its sending by post. In order to prove that a communication has been sent, if it is a postal mail, it is sufficient to prove that the respective letter was addressed correctly, sealed and delivered in the mail and, in the case of sending by email, that the same email was sent to the address Specified by the user.
18. TRANSMISSION OF RIGHTS AND OBLIGATIONS
The Agreement between Seller and you binds the parties and their successors and assigns.
You may not transfer, assign or encumber your contractual position, or otherwise dispose of the Contract or any rights or obligations thereunder, without the prior written consent of Seller.
Seller may transfer, assign or encumber its contractual position, sub-contract or otherwise dispose of the Contract or any rights or obligations arising therefrom at any time during its term. Nevertheless, no transfer, assignment or encumbrance of such position, or act of contract provision, may have the effect of limiting the legal rights of the user as a consumer or reduce or otherwise limit any guarantee provided by Seller to the user of Express or implied.
19. EVENTS OUTSIDE THE SELLER'S CONTROL
Seller shall not be liable for non-performance, or delay in performance, of any obligation under the Contract that is due to an event beyond its reasonable control ("Force Majeure Event").
A Force Majeure Event comprises any event, act or omission beyond Seller's reasonable control and includes, in particular (but not exclusively) the following:
Strikes, lock-outs, and other work
Civil strife, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of war preparations.
Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disasters.
The impossibility of using rail, sea, air, road or other public or private means of transport.
The impossibility of using public or private telecommunications networks.
Laws, decrees, regulations or restrictions of the Government.
Any strikes, interruptions or accidents affecting relevant postal or transport services.
Seller's performance obligation under any Contract shall be suspended for the duration of an Event of Force Majeure and shall give rise to an extension of its term equivalent to that duration. Seller will make reasonable efforts to terminate a Force Majeure Event or to find a solution that will enable it to perform its contractual obligations despite the existence of a Force Majeure Event.
20. WAIVER
If, at any time during the term of the Agreement, Seller fails to demand strict compliance with any obligation that the User derives from the Contract or these Terms, or to exercise any right or power provided for therein to terminate such breach, This shall not constitute a waiver of those rights and faculties and shall not relieve the user of the fulfillment of his obligations.
The Seller's waiver of the exercise of any right or faculty in a particular situation of non-compliance by the user does not mean waiving rights or faculties in the event of a subsequent default.
Seller's waiver of any right resulting from the Agreement or these Terms will only be effective if it appears in a written communication sent to the user in the manner provided in the Communications clause, where the latter expressly declares that it waves.
21. REDUCTION
The declaration of invalidity, illegality or ineffectiveness by any competent authority of any provision of these Terms & Conditions shall not affect any of the other provisions which shall continue in full force and effect.
22. INTEGRAL AGREEMENT
These Terms and any documents referred to therein constitute the entire agreement between the parties relating to the formation of a Contract and prevail over any prior agreement, understanding or combination, in written or oral form.
Both parties acknowledge that in entering into the Agreement, neither party has based its motivation on a declaration, commitment or promise made by the other party, or that could be implied in anything that has been said or written in negotiations between the parties at a time Prior to the execution of the Agreement, unless otherwise provided by these Terms.
Neither party may rely on the fact that the other party has made a true ordeal, oral or in writing, prior to the conclusion of a Contract (except where such a statement was made with fraud) and can only rely on the rules of non-compliance Contractual obligations arising from these Terms.
23. AMENDMENT OF TERMS OF SERVICE BY SELLER
Seller has the right to change these Terms of Service at any time. You are subject to the principles and terms in force at the time of your order, unless the law or competent authority imposes any changes thereto (and such changes apply to orders already made).
24. APPLICABLE LAW AND FORUM
The seller welcomes the comments and opinions of the users. Please send them through our electronic form.
25. COMMENTS
Seller has the right to change these Terms of Service at any time. You are subject to the principles and terms in force at the time of your order, unless the law or competent authority imposes any changes thereto (and such changes apply to orders already made).