+ I. Order
The User will place their order online at www.cipreiadiveclub.com
No contract regarding the products available on the website is established between Cipreia - Formação e Mergulho, Lda. and the User without the order having first been accepted by the User.
To make an online purchase you should follow the purchase process.
By placing your order, the User expresses his full and complete acceptance of the Terms and Conditions of sale, prices and description of products included in this transaction.
To place an order it is necessary that the User has an email address and that his browser is configured to accept cookies and pop-ups, which will allow him to use all the navigability conditions of the website.
To place an order you must follow the online purchasing process and press the "Order Now" button. You will then receive an email at the email address previously indicated, confirming that your order has been received by Cipreia - Formação e Mergulho, Lda (the "Order Confirmation"). You should note that this does not mean that your order has been accepted. The order is only an offer to buy one or more products. Any order is subject to the respective acceptance by Cipreia - Formação e Mergulho, Lda, which will always be confirmed through the sending of an email communicating the sending of the product(s) (Payment Details).
The contract of purchase and sale between Cipreia - Formação e Mergulho, Lda. and the User will only be formalized with the communication of the Payment Details. The contract will only concern the products mentioned in the Payment Details.
In case of order loss, Cipreia - Formação e Mergulho, Lda. reserves the right to inform the client, being always effected the respective cancellation.
The photographs presented on the website are merely illustrative, so before placing an order it is recommended to consult the product in detail for information about the respective characteristics.
To track the status of the order, the User can do so directly with the Carrier, or through a tracking link available in the personal area of the site. This link will also be available when the automatic email is sent to you when the goods are shipped.
+ II. Availability of articles
Any order of articles is subject to its availability and, in this respect, in case of inexistence or difficulty of supply, Cipreia - Formação e Mergulho, Lda. reserves the right to inform the User about the existence of alternative products, of equal or superior quality and value, that can be ordered. Cipreia - Formação e Mergulho, Lda. may also cancel your order and return the total amount that was paid.
+ III. Personal Data
In compliance with Law No. 67/98 of 26 October on the Protection of Personal Data, we inform you that the treatment of personal data collected on the website www.cipreiadiveclub.com is the responsibility of Cipreia - Formação e Mergulho, Lda. The personal data are processed electronically, being destined to the dispatch of your orders, administrative support and statistical purposes. The personal data collected may be communicated to third parties of recognized competence for direct marketing purposes. The holder is guaranteed the right to access, correct, amend or delete their personal data. To do so, simply contact Cipreia - Formação e Mergulho, Lda. indicating the name, surname, address and customer number:
- By email: firstname.lastname@example.org
- By mail: Avenida dos Cavaleiros, n.º 72, 1.º, 2790-045 Carnaxide
The user can access and modify their data at any time, in their personal area, after having registered on the website.
Although Cipreia - Formação e Mergulho, Lda. proceeds to the collection and treatment of data in a safe way and tends to prevent its loss or manipulation, using the most perfected techniques for the effect, we inform you that the collection in open network allows the circulation of personal data without safety conditions, running the risk of being seen and used by unauthorized third parties. The User authorizes Cipreia - Formação e Mergulho, Lda. to treat the personal data provided in an automated way, being duly licensed by the National Commission for Data Protection, under the terms of the law.
+ IV. Order Refusal
Cipreia - Formação e Mergulho, Lda. reserves the right at any time to remove any products from the site, or to change or delete any materials or content. Notwithstanding its efforts to process all orders, exceptional circumstances may occur that cause it to refuse to process and/or accept orders, even after an Order Confirmation has been sent, which it reserves the right to do, at its sole discretion, at any time.
Cipreia - Formação e Mergulho, Lda. will not be liable to the User or any third party for the removal of any product appearing on the website, the change or deletion of any materials or content herein, or the refusal to complete the processing or accept any order that has been the subject of sending an Order Confirmation.
Cipreia - Formação e Mergulho, Lda. reserves the right to refuse any order, namely for the following reasons
• The product is no longer available in stock;
• The billing information is not correct or verifiable;
• When the order is flagged by security systems as incorrect or likely to constitute fraud;
• Payment has not been received within five (5) business days after acceptance of the order;
• Error in the price quotation;
• Inability to deliver to the address provided;
• If you have suspicions that the User is a minor.
+ V. Prices
The price of the products available online is always indicated in euros, including VAT at the legal rate in force.
Although Cipreia - Formação e Mergulho, Lda. tries to ensure that all prices indicated on the website are correct, errors may occur.
Except in case of evident error, the price of the products will be the one indicated at each moment in the website, without prejudice of later application of discounts.
If Cipreia - Formação e Mergulho, Lda. verifies that the price of a product in an order is wrong, it will inform the user as soon as possible, giving the user the choice of reconfirming the order at the correct price or proceeding to its cancellation.
If it is impossible to contact the User, the order will be considered cancelled and the User will be fully reimbursed for the price of the products, if already paid.
Cipreia - Formação e Mergulho, Lda. will have no obligation to supply any product at an incorrect price (if lower), even if a Shipping Confirmation has already been issued, if the error is obvious, unequivocal and should have been identified by the User under reasonable circumstances.
Prices may be changed at any time, but save as set out above, such change will not affect orders for which a Shipment Confirmation has already been dispatched.
The prices charged on the website are independent of the prices charged in physical stores, although they are usually the same. However, there may be fluctuations with those, similar websites, or other sites, related to promotional campaigns for online marketing.
When the User has finished their online shopping, all products chosen and that you want to buy will appear in your shopping cart. At the end of the selection process, the User must confirm the total amount of the purchase and make the payment.
Delivery costs may be added to the price of each product and will be added to the final price, as indicated in chapter VIII.
When used in accordance with the established rules, a promotional code entitles the User to take advantage of a promotion on the purchase of a specific item or of a set of items during the period indicated/associated with the respective promotional code/campaign.
Promotional codes are only valid on purchases made online at www.cipreiadiveclub.com.
The use of promotional codes for commercial or professional purposes is not permitted.
The promotional code will be automatically applied to the User's order and will be reflected in the total price of the final invoice, not being exchangeable for its value in cash.
You can only use one code per order. Some codes may be intended for purchases of a particular article exclusively.
Cipreia - Formação e Mergulho, Lda. reserves the right to segment online campaigns and promotions.
Before making your purchase, the User should check the conditions in force.
+ VI. Forms of Payment
Following order confirmation, the User will find at his disposal several payment options in his shopping cart, and may choose the one that best suits him, among the following:
Cipreia - Formação e Mergulho, Lda. reserves the right not to accept checks or cash as payment for online purchases, but only the payment options listed above.
The customer can choose this payment method if Cipreia - Formação e Mergulho, Lda. has it available in its website and in the conditions and limits that are defined there.
Through this method, the User will receive the data to make the payment through a bank or ATM app.
The customer can choose this payment method, if Cipreia - Formação e Mergulho, Lda. has it available in its website and in the conditions and limits that are defined there.
Through this method, the User will receive a notification on his cell phone as "Pending Payment", on which he will have to press and then click on the button "Pay" to proceed to the payment of the respective order.
+ VII. Payment security
Cipreia - Formação e Mergulho, Lda. shall not, under any circumstances, be held responsible for any damage suffered as a result of the use of electronic means of communication including, but not limited to, damage resulting from failures or delays in electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for communications or virus transmissions.
+ VIII. Delivery
Under the condition that the acquired products are available, Cipreia - Formação e Mergulho, Lda. will make the best efforts so that, except in case of exceptional circumstances, the products in a "Shipping Confirmation" are delivered to the User on the date indicated there, or if there is no date indicated, in the maximum period of 30 days from the day of the "Order Reception" confirmation.
Cipreia - Formação e Mergulho, Lda. only dispatches on working days. This way, neither the weekends nor the holidays are taken into account for the estimation of orders delivery. Anyway, the dates of estimated delivery are merely indicative.
No order can be delivered abroad, the sale in www.cipreiadiveclub.com is exclusive to Portugal.
Cipreia - Formação e Mergulho, Lda. informs that the estimated average delivery times are the following:
• Portugal Mainland: 2 to 5 working days.
• Islands: 8 to 10 working days.
Possible reasons for the delay may include, but are not limited to:
• Product customization;
• Specialty products;
• Unforeseen circumstances;
• Place of delivery.
Any delay verified in the expedition of articles, in relation to the presented dates of estimate, does not give the User any right to indemnity.
If, for any reason, Cipreia - Formação e Mergulho, Lda. cannot deliver on the estimated date, the User will be informed accordingly and will be given the option to keep the order by extending the delivery time or to proceed to its cancellation with total refund.
In case of unavailability of any of the ordered items, and after contacting the supplier regarding the viability of its replacement, Cipreia - Formação e Mergulho, Lda. will contact the client, if the delivery time or the price has changed. The continuity of this order will only proceed after the customer's consent.
No deliveries are done on weekends and holidays, except for Cipreia - Formação e Mergulho, Lda. pick-up points and stores (or any other indication expressly indicated by Cipreia - Formação e Mergulho, Lda.
For the purposes of these Conditions, a "delivery" is considered done or an article is considered "delivered" when the recipient's signature is put on the delivery receipt at the agreed address.
Whenever possible, the order will be sent to the Customer only in a single delivery. However, Cipreia - Formação e Mergulho, Lda. reserves the right to divide the order, in case it foresees a delay in the delivery of some of its components or in case of manifest unavailability of one of the articles. The User will always be informed of this circumstance through communication via email.
Verification at the time of Delivery
The User must make sure that the transport and shipping packaging of the purchased item has not been damaged. In the event that this packaging is damaged, the User must present a written complaint to the carrier directly on the bill of lading or other document eventually delivered for signature.
If the User, upon delivery, verifies that the purchased item is damaged, he should not accept the order, but return it. In this case, Cipreia - Formação e Mergulho, Lda. will proceed to the reimbursement of the amounts paid by the User, due to the same, as soon as the warehouse receives the return.
Cipreia - Formação e Mergulho, Lda. considers that the User accepted the conformity of the acquired products if he doesn't say in contrary in the period of 30 after his delivery.
+ IX. Right of Free Resolution
(Applicable to purchases made on www.cipreiadiveclub.com)
The Customer may cancel the order placed at any time, up to its delivery, with the right to reimbursement of all amounts paid.
From receipt of the order by the Customer, the Customer may exercise its right of free withdrawal under the terms legally provided for and indicated below, namely in Decree Law No. 24/2014 of February 14, without the need to state the reason or right to payment of compensation.
Non-payment of the order within 5 (five) days, subsequent to the date on which it was definitely made, implies its automatic cancellation.
The right to terminate the contract and exchange and / or return the items, will only take place if they are returned in identical condition to that received by the User. This should proceed to its return with all instruction manuals, documents and packaging materials. Any damaged product, which is not in the same condition as when delivered or that has signs of misuse, beyond the mere opening of the respective packaging, will not be refunded. The User should, therefore, ensure the necessary care with the article(s) to be returned, while they are in his possession. Cipreia - Formação e Mergulho, Lda. reserves the right to not accept the return of articles where the respective label is missing or that have been tampered with, in relation to its original state.
When writing and presenting commercial information, Cipreia - Formação e Mergulho, Lda. applies all the efforts in order that it is free of typographic errors and, whenever they occur, it will proceed to its immediate correction. However, in case the presented information does not correspond to the characteristics of the product, the Customer has the right to the resolution of the contract of purchase and sale.
The User should take due care with the handling of the item(s) while they are in his possession and, whenever possible, keep the original boxes, instructions/documents and other packaging materials for later return and collection.
Exchanges or returns of carabiners and any perishable products, such as food items, cosmetic products or for the treatment of injuries are not accepted, unless they are not in conformity.
The User does not have the right to terminate the contract in the case of the supply of customized products or products which, by their nature, cannot be sent back or are likely to deteriorate or perish quickly.
Forms of return
• Via Store - Free of charge
The User should go to any Cipreia - Formação e Mergulho, Lda. physical store and present the article as received, presenting the respective invoice.
• Via Collection Point - Free of charge
The User should go to the Collection Point where he picked up the article, leave it in the same conditions in which he received it, properly packaged and with the respective invoice. The return will be made via bank transfer regardless of the means of payment used.
The client has always the obligation to return all the articles, in the maximum period of 14 (fourteen) days, counting from the exercise of free resolution of the contract, that is, from the day he/she informed Cipreia - Formação e Mergulho, Lda., or from the effective Exchange or return. It is considered that this deadline is respected if the client returns the articles before the end of the 14 (fourteen) days.
In case of termination of this contract, all payments made by the Client will be reimbursed by the same means of payment used in the initial transaction, unless otherwise expressly agreed upon, including delivery costs (with the exception of additional costs resulting from the possible choice of a different shipping method from the least expensive one offered by Cipreia - Formação e Mergulho, Lda.), and in any case, no later than 14 (fourteen) days from the date Cipreia - Formação e Mergulho, Lda. is informed of its decision.
In case you want another way of reimbursement send email to: email@example.com
A Cipreia – Formação e Mergulho, Lda. informa que, nos termos da legislação em vigor, poderá proceder à retenção do valor do reembolso até à receção física dos artigos devolvidos.
Return of Delivery Costs:
• In case of 100% return of the purchased items, Cipreia - Formação e Mergulho, Lda. will refund the full amount of the order, including the original shipping cost;
• In case of partial return of the purchased articles, Cipreia - Formação e Mergulho, Lda. will refund the value of the returned article and the part corresponding to the transport costs.
The Client does not bear the costs of returning the items that are picked up by the Carrier at the address indicated by him/her, or at the Collection Points.
The User can cancel their order until it is delivered, with the right to a refund of all amounts paid.
In the case of an order where the selected payment method was bank transfer, if this is not verified within 7 days (seven) following the date of confirmation on the site, it will be automatically cancelled.
To effect any cancellation, the User should contact Cipreia - Formação e Mergulho, Lda. through one of the means placed at its disposal. It will only be possible to proceed to the previous cancellation of the order if it is in the "Preparation" state, in your personal area, through the consultation "Details of your order". However, if it is already in the "Sent" state, the order will be sent and the User can make a later return.
The orders of personalized products (exclusive Cipreia - Formação e Mergulho, Lda.) cannot be cancelled before sending, because the personalization process is already in course, since it starts immediately after the order is received. The User may later make the return.
+ X. Warranty
Under the terms of the dispositions of Decree-Law 67/2003, of 8 April, with the alterations introduced by Decree-Law 84/2008, of 21 May, all equipment commercialized in www.cipreiadiveclub.com is covered by a conformity guarantee, corresponding to a period of 2 (two) years.
If the purchased product presents a defect or malfunction, the User should communicate the situation to the Customer Support Service, informing the number of your order and the description of the malfunction. Cipreia - Formação e Mergulho, Lda. will pay for the costs of returning or picking up the articles, within the guarantee period, if the defect or malfunction is confirmed.
After the reception of the article by Cipreia - Formação e Mergulho, Lda., a technical verification will be done which, in case of lack of conformity, will give place to its repair, replacement or return, with the respective reimbursement.
If the technical verification detects signs of misuse, and/or any problem that may have caused the item to malfunction (for example: fall, humidity, etc.), the Client will be contacted, as the warranty cannot be activated.
+ XI. Impossibility of deliveries
In the impossibility of delivery of the order by the transporter, the same will be sent back to Cipreia - Formação e Mergulho, Lda. warehouses. A note will be left to the user explaining how to proceed to reschedule the new delivery.
If the User is not available to receive the order on the day previously agreed, the User should contact Cipreia - Formação e Mergulho, Lda. to schedule a new convenient date, being possible to charge additional costs, that will be previously communicated by Cipreia - Formação e Mergulho, Lda.
+ XII. User's Obligations
The User must comply with Terms and Conditions of Sale. Each User undertakes, in particular, to:
• Do not use, introduce, store or disseminate through the website defamatory, obscene, injurious, xenophobic content and/or of any nature that violates public order;
• Do not disclose your login password to the site and keep it safe to prevent unauthorized third parties from accessing your account;
• Do not make false statements;
• Provide correct information regarding personal data and address so that the order can be processed correctly.
The User is responsible for the veracity of the data communicated to Cipreia - Formação e Mergulho, Lda and commits himself to insert them immediately in his account.
Cipreia - Formação e Mergulho, Lda declines any responsibility for any eventual delay or impossibility of processing the order, namely in the act of delivery, due to error or insufficiency of the data communicated by the User.
+ XIII. Liability and Exclusions
Cipreia - Formação e Mergulho, Lda responsibility for any product acquired through the site is limited exclusively to the respective acquisition price.
No provision of the present Conditions has the effect of excluding or limiting the responsibility of Cipreia - Formação e Mergulho, Lda.
Cipreia - Formação e Mergulho, Lda cannot be held responsible for damages suffered by third parties resulting from the use of its products, or as a consequence of its improper use.
Cipreia - Formação e Mergulho, Lda rejects any kind of responsibility for indirect losses or damages that occur as a consequence of the main losses or damages, even if originated by the practice of illicit, contractual or extra-contractual, including mere negligence, whether foreseeable or not:
• Loss of income or revenue;
• Loss of business;
• Loss of results or contracts;
• Loss of profits;
• Loss of data or hours of activity.
Due to the open network nature of the present website and the possibility of error in the storage and transmission of digital information, Cipreia - Formação e Mergulho, Lda does not guarantee the accuracy and security of the information transmitted or obtained through it, except when the opposite is expressly mentioned here.
To the maximum extent allowed by law, Cipreia - Formação e Mergulho, Lda does not assume any kind of warranty, without, however, implying the exclusion of responsibility that can not be legally exempted under the consumers' rights.
Nothing contained in this clause prejudices the legal rights of the User, as a consumer, nor affects their right to terminate the Contract.
+ XIV. Intellectual Property and Copyright
The User acknowledges and accepts that corporate names, brands and distinctive signs reproduced on the website www.cipreiadiveclub.com are protected under the terms of the legal provisions applicable to industrial property. The reproduction or representation of all or part of any distinctive signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.
In the same sense, all elements contained in the site, whether visual or audible, including the underlying technology, are protected by copyright, trademarks or patents and are the exclusive property of Cipreia - Formação e Mergulho, Lda, or its suppliers, so that it is forbidden for Users to use the site in any way whatsoever.
+ XV. Cession of Rights of Image
The User declares, for all legal purposes, that he/she freely and unconditionally transfers to Cipreia - Formação e Mergulho, Lda the rights to use the images that he/she may insert in Cipreia - Formação e Mergulho, Lda website, authorizing it to reproduce, publish, adapt, use or reuse them in national or international media, directly or through third parties, to advertise, publicize or promote the respective services, namely, in its website, social networks or any other media.
+ XVI. Communications between the Parties
Except when special form is demanded in this contract, all communications between the parties must be made in writing, by letter, fax, electronic mail and addressed to the addresses indicated.
Cipreia - Formação e Mergulho, Lda will contact, preferably, the User through electronic mail or will supply him/her with information by inserting notices in this website. For contractual purposes, the User accepts this means of communication, by electronic means, and recognizes that any contracts, notices, information and other communications that Cipreia - Formação e Mergulho, Lda transmits to him/her by electronic means satisfy the legal requirement that such communications be made in writing.
Communications made in writing shall be deemed to have been made on the date of receipt or, if by electronic mail, on the date of sending, and communications made by registered letter with acknowledgement of receipt shall be deemed to have been made on the date of signature of the respective notice or on the 5th working day from the date of registration.
Communications made by fax whose content is not legible will not be considered carried out, as long as this fact is communicated to the issuing party on the first working day following receipt.
For the purpose of summons and notifications in the scope of judicial processes, Cipreia - Formação e Mergulho, Lda agrees that the address is the one included in the present contract and the User the address indicated in his registration, at the moment of the purchase.
The change of address by the User, including electronic addresses, must be communicated to Cipreia - Formação e Mergulho, Lda within 30 days after the change.
All contractual information is written in Portuguese language, as well as the information of the articles, communications by electronic mail and formalization of the sale.
The computerized records, conserved in the Cipreia - Formação e Mergulho, Lda. company computer systems, in secure conditions, are considered as a proof of the communications, orders and payments produced between the parties.
+ XVII. Transmission of Rights and Obligations
Cipreia - Formação e Mergulho, Lda may transfer, assign or encumber its contractual position, subcontract or by any other means dispose of the contract or any rights or obligations arising from it at any time during its validity. Notwithstanding, no transfer, cession or encumbrance of such position, or act of contract disposition, may have the effect of limiting the legal rights of the User, as a consumer, or reduce and/or limit, in any way, any warranty provided by Cipreia - Formação e Mergulho, Lda to the user, in an express or implicit way.
+ XVIII. Events beyond the Seller's control
Cipreia - Formação e Mergulho, Lda shall not be liable for failure to perform, 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 the Seller's reasonable control and includes, in particular (but not exclusively), the following:
1. Strikes, lockouts and other industrial action;
2. Civil uprising, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared) or threat of war preparations;
3. Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disaster;
4. Impossibility of the use of railroad, sea, air, road, or other public or private means of transportation;
5. Impossibility of the use of public or private telecommunications networks;
6. Government laws, decrees, regulations or restrictions;
7. Any strikes, interruptions or accidents affecting relevant postal or transportation services.
The obligation of Cipreia - Formação e Mergulho, Lda to comply with any contract shall be suspended for the duration of a Force Majeure Event and shall give rise to an extension of its term equivalent to that duration. Cipreia - Formação e Mergulho, Lda will make reasonable efforts to terminate a Force Majeure Event, or to find a solution that allows the fulfillment of its contractual obligations despite its existence.
+ XIX. Full Agreement
These Terms and Conditions and any document referred to in them constitute the entire agreement between the parties with respect to the formation of a Contract and supersede any prior agreement, understanding or combination, whether written or oral.
Both parties acknowledge that in entering into the contract neither party has based its motivation on any statement, undertaking or promise made by the other or which could be deemed to be implied from anything said or written in negotiations between the parties prior to entering into the contract, except as otherwise provided in the Terms and Conditions.
Neither party may rely on the fact that the other party has made any untrue statement, oral or written, prior to entering into a contract (save where such statement was made fraudulently) and may only rely on the rules of tort arising under these Terms and Conditions.
+ XX. Change of CGV by the Seller
Cipreia - Formação e Mergulho, Lda has the right to change the present Terms and Conditions at any time. The User is subject to the principles and terms in force on the date of his order, unless the law or competent authority impose any change to them, being such changes applicable to orders already placed.
+ XXI. Alternative Dispute Resolution
Alternative dispute resolution is the possibility that all consumers have to resort to official entities that help them to solve, or guide them through a conflict, before resorting to litigation in the courts.
Law 144/2015, of September 8, states that suppliers of goods or service providers established in the national territory must inform consumers of the ADR entities available or to which they are bound by membership or by legal imposition arising from necessary arbitration, and must also inform the website of these entities.
Cipreia - Formação e Mergulho, Lda has not joined any mechanism for alternative dispute resolution.
However, you may download here the centers of alternative dispute resolution and thus initiate a process of extrajudicial resolution of disputes.
We also inform you that to solve disputes arising from online purchases, you can use a resolution system called the "ODR Online Dispute Resolution/RLL Platform in Portuguese", created by the EU. Access the platform here.
+ XXII. Applicable Law and Jurisdiction
All purchases made on the website, www.cipreiadiveclub.com, are subject to Portuguese law. Any conflict or divergence of interpretation of these conditions will be submitted to the exclusive jurisdiction of the territorially competent Portuguese court.
Except when this causes serious inconvenience to the User, which must be objectively demonstrated, the parties agree to submit any dispute arising from the application, interpretation or execution of this Contract, with express waiver of any other.