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Terms and Conditions

Preamble

The following clauses stipulate the conditions agreed between the company Sá & Cruz Ltd., hereinafter referred to as "Seller", and anyone wishing to make a purchase through online stores www.Xpertdiver.com, www.Xpertfreediver.com that is hereafter referred to as "Customer".

 

Clause 1th – Introduction

These conditions aim to define the general terms of sale established between the Seller and the Customer from the time of order to the various services provided by the Seller, such as payment methods and conditions of delivery of products.

These terms and conditions govern all steps necessary to carry out the order and ensure the follow up of this transaction between both parties.

The Seller reserves the right to be able to review these terms of sale at any time with immediate effect after its disclosure in the online store. Customer and Seller shall be bound by the terms of sale in force at the date of acceptance of the order.

 

Clause 2th – Orders

The Customer can make their order online in the online stores of this website.

During their order checkout, the Customer must provide personal data such as their name, address, etc. In order to do this, the Customer must fill in all required fields of the order form.

By placing their order, the Customer expresses their full and complete acceptance of the general conditions of sale, price and description of the products included in their transaction. These general conditions of sale will be the only applicable between the two parties.

Any dispute on this point will be resolved through an exchange of information and the safeguards listed below.

In the absence of product availability, the Seller undertakes to inform the Customer and refund of any amounts that may have been paid within a maximum period of 14 (fourteen) days from the date of knowledge of such unavailability.

 

Clause 3th – Delivery

The order delivery will be made to the address listed on the checkout form or to the address in our database, if the Customer has made the registration. The order is delivered to the designated location. If the Customer is not at the address indicated, a telephone contact will be made to arrange delivery or a postcard will be left allowing the Customer to pick up their order later. For deliveries in Portugal only, the Customer may still choose the option Points Pick me!.

The shipping and delivery costs are calculated according to the destination and package weight.

There are no customs duties within the European Union (EU).

Depending on Customer country of residence, there may be applied tariffs. Customs duties are responsibility of Customer.

 

Clause 4th – Payment Methods

All purchases made in our stores are 100% safe. In case of suspected fraud, the Seller reserves the right to cancel a transaction.

Customer bank details are handled directly by PayPal so there is not any security risk since there is an encrypted and secure connection via SSL protocol. Customer bank details are collected only in PayPal SSL (Secure Socket Layer) server. The SSL protocol provides privacy and integrity of data transacted over the Internet. At any point, Customer bank details are registered on the Seller servers.

Payment must be made on the date of the order by one of the methods listed below:

Customer may pay by credit card via PayPal, bank transfer or billing delivery service.

- The ability to pay with credit card via PayPal is accepted with the following options:

  • VISA
  • MasterCard
  • Amex (American Express)
  • Discover

Payments made by credit card via PayPal are immediately effected if the process is successfully completed on the PayPal site. If the payment on the PayPal site is not successful or is refused, the Customer should contact the bank or the credit card issuer and seek additional clarification.

- Payment by bank transfer:

The bank transfer must be accomplished within 7 days from the time it was placed the order. After this period, the order will be canceled.

In order to simplify the order processing, the Customer should enter the order number at the time of the transfer.

- Billing delivery service:

Available only for Portugal. This method has an additional fee added to the final price relating to billing procedures. Customer can not choose this method of payment when placing orders weighing more than 2 kg.

 

Clause 5th – Product Availability

The Seller only processes an order made by the Customer after the confirmation of the respective payment, meaning no item will be dispatched without this confirmation. In the product information, Customer may find the estimated shipping time: 24h; 48h, 72h, 8 days, 21 days and 45 days. To the estimated shipping time should be added the shipping time depending on the shipping company chosen and the order destination.

The Seller only dispatches orders during working days from Monday to Friday. Thus neither weekends nor holidays should be counted for estimating order delivery.

In any case, the estimated delivery times are only indicatives. If any product ordered is not available in stock due to any mistake, the Seller may elect to: (i) Contact the supplier inquiring about the possibility of replacement of the missing product, and then contact the Customer if the delivery or item price will change, guaranteed that in this case the order will only proceed with the consent given by the Customer; or (ii) Cancel the order reimbursing the Customer of all amounts paid.

Any delay in shipment of products, given the estimated dates presented, does not confer the right to compensation.

 

Clause 6th – Price

As prices, descriptions and availability of products may vary from one moment to the next, the Seller can not guarantee the complete accuracy of the information available in the online stores. The overwhelming majority of prices are already presented with discount relative to the price suggested by the manufacturers or brand distributors.

The prices are indicated in Euros with taxes and fees included. Delivery charges are payable by the Customer and are billed during order checkout, depending on the selected products.

The Seller reserves the right to change prices at any time, however the price that will be applied will be the one listed in the online stores at the time the Customer places an order.

The Seller emphasize that if the price quoted is incorrect and is clearly below a reasonable value (for example: a manifestly insignificant amount), regardless of its cause (computer bug, manual error, technical error, etc.), the order will be canceled, even if it has already been confirmed.

 

Clause 7th – VAT Exemption

The Customer may enjoy the exemption from VAT (Tax Free) in the following cases:

  1. In the event that the shipping address of the order is outside the European Union.
  2. In the event that Customer is a company within the European Union but outside of Portugal.

In any of these situations the products will be billed by the values presented exempt from VAT.

When the shipping address is outside the European Union, the process of invoicing is automatically exempt from VAT.

If the Customer is a company within the European Union and outside of Portugal, should indicate this fact during checkout process. The purchasing process in these cases is no different from usual, the Customer should place the order normally and make the payment in full. After confirming the conditions for exemption (company name, company address, and company VAT identification number), the Seller shall refund the VAT of the products bought in the order with the same payment method used by the Customer (PayPal, card credit or bank transfer). The VAT refund will be made immediately upon shipment of the order.

Furthermore, if the Customer business is within the European Union and outside of Portugal, should fill in their business information (company name, company address and company VAT identification number) for billing purposes.

In either case the Seller shall not be responsible for any tax or customs duty that the Customer may have in the country to which the order is shipped.

The Seller shall not be responsible for any shipment rejected by Customer due to tax or customs problems resolution.

When the parcel is returned due to Customer error (such as: wrong indication of the shipping address, absence of someone at the shipping address to receive the order, or failure to pay any tax/duty in the country of dispatch), will be deducting the costs of returning the order to the initial amount paid by the Customer before the Customer being refunded.

 

Clause 8th – Product Guarantee / Warranty

All items can be returned or refunded except those stated otherwise. The return or refund request must be made within 14 (fourteen) days from the date of reception.

In case of return, if the new order has a higher cost, the Customer will pay the difference, attaching the payment of the remaining to the return request, or doing it in the act of picking up the new order.

In case of a request for a refund of a product bought at a reduced price due to a special offer or discount, the Seller will refund the amount paid by the Customer rather than its full price.

By purchasing any of our products, the Customer benefit from contractual guarantee beyond the statutory warranty.

Legal warranty beyond the manufacturing defect, also apply to nonconformities arising from the packaging, installation or assembly (since performed in compliance with the instructions).

All equipment is covered by the Manufacturer Warranty, 2 (two) years for Private Customers and 1 (one) year for Business Customers, ensured by the respective brands. In the particular case of the loss of battery runtime is not considered a manufacturing defect, and thus can not benefit from the legal manufacturer's warranty.

In the case of products with a defect or malfunction, the Customer must report the situation, referring the number of their order and the description of the malfunction via email on Customer Service Form.

The costs for the return or recall of the products within the Warranty period shall be covered by the Seller.

In the case of products out of warranty period of coverage, Seller shall also provide technical assistance, so the Customer may get information and send the defective or malfunction items to the Seller. Items will be assess by our technical services who shall issue a technical opinion and an estimate cost of repair if it is the case. The repair service will only be undertaken after Customer acceptance regarding the estimate cost of repair. Or Customer can go directly to the brands repair centers for technical assistance for their equipment.

In case of out of warranty products, the repair services must be pre-paid prior to shipment of the respective item.

 

Clause 9th – Cancelations of Orders and Return Policy

Customer may cancel their order at any time until its delivery with the right to a refund of all amounts paid. Starting from the reception of the order, the Customer may exercise their right of return in accordance with legally terms prescribed below.

Failure to pay the order within 7 (seven) days following the date on which it was placed, leads to its automatic cancellation.

All marketing campaigns are limited and exclusive to online stock trading. In case of unavailability of the product and/or rupture of stock, Customer will be informed of the partial or total cancellation of their order and will have the right to refund of the respective amount paid.

Under our Customer Satisfaction Policy, and in agreement with the applicable law terms, Seller accepts the return (terminate the contract) of products within 14 (fourteen) days from the date of the reception of the order by the Customer, without penalty and without giving any reason.

Accordingly, the Customer must notify their intention by writing via email using Customer Service Form. The products must be returned with original invoice within 14 (fourteen) days from the date of their reception by the Customer.

The process of products return must meet the following conditions:

  • Products must be returned to the Seller in good condition (i.e., the same conditions how were sold). If the items are in good condition should also be returned with the original packaging and with the original invoice. Products should also be sent with the original label accessories/batteries/manuals /warranty certificates and/or warranty card.
  • In case the products are not properly packaged or do not meet the proper conditions (in good condition), its return will not be accepted. If the items are damaged in any way by the Customer, the return will not be accepted by the Seller and the items will be returned to the Customer.
  • Orders returned by billing delivery service will not be accepted.
  • If the packaging is damaged and/or products show evident marks of use, products return will not be accepted and there is no refund of the amount paid.´

After contacting our services, shall be sent to the Customer the return guidelines, which require sending the products properly stored in the original package to Seller’s address.

If Customer choose the refund option, the repayment will be done by the same method of payment used when the order was placed.

Shipping cost to Seller address are covered by the Customer. However the Seller may organize the product pick up depending on the situation concerned.

The refund of the items will only be done after the technical verification of the products condition and after verifying the return process meets all the terms and conditions above mentioned.

In case of a product has been acquired by the store in consequence of a client especial order, the return of the product will only be accepted in case of damage or malfunction of the product.   

Clause 10th – Privacy and Confidentiality

The Seller respects the legislation concerning the safety of the personal information of our Customers by having the principal of only using the information to process orders and send information about product promotions, new services and special product discounts.

The Customer may choose upon registration not to receive this information. The Customer may also request to be unsubscribed from the notifications and mailing list.

The Customer authorizes the Seller to automatic processing their personal data provided when the order is placed, in particular, for purposes necessary to the creation of the contract with the Customer, for management, registration and orders processing, control access, which includes the use of technology "cookies". This information can still be accessed by Seller’s service providers and suppliers, particular accounting, taxation and auditing firms.

For commercial reasons, the Seller may share the Customer user data with any business partner, obviously respecting the lawful processing of personal information.

In compliance with the law of protection of personal data, the Customer may exercise the right of access at any time, rectification of information, communication and cancellation of their data via Customer Service Form, clearly stating their name, surname and address, also attaching the digitization of their personal identification document.

 

Clause 11th – Marketing and Newsletters

The Seller may send promotional marketing messages through email (Newsletters) to the Customer.

The Customer have the possibility to subscribe to the Newsletter, becoming automatically registered from the moment the Customer place their first online order.

The Seller guarantees the protection of the Customer personal data and the proper security access to servers that are in secure locations with restricted and controlled access.

 

Clause 12th – Intellectual Property

 The Seller is an authorized dealer for the brands of the products that are for sale. Our online stores, respect the copyrights, trademarks or patents. The online visitor who has a personal website and wants to put, for personal use, in its site a simple direct connection to the site of our online stores homepage, it shall request permission to the company Sá & Cruz Ltd. It will not be, in this case, an implicit affiliation agreement or partnership.

On the other hand, any hypertext link directed to our online stores and using the technique of framing or inline linking is strictly prohibited.

In all cases, any link, even tacitly authorized, must be removed with a simple request from the company Sá & Cruz Ltd.