Terms and Conditions
1. Introduction
These Terms and Conditions govern access to, and use of, and online purchases made through the website https://haliotis.pt, which is the responsibility of [Haliotis Actividades Marítimo Turísticas Lda], a company with registered office at R. Cônsul Dabney, 9901-856 Horta, corporate number 506 796 876 (hereinafter "HALIOTIS"). Any legal questions regarding the website may be found in the Privacy Policy and Cookie Policy sections, which form an integral part of these Terms and Conditions.
Use of this website by any user shall be governed by the following Terms and Conditions, and such use implies the user's acceptance thereof. Should the user reject these Terms and Conditions, they must cease using it.
Before pressing the "Order now" button at the end of the ordering process, the User should carefully read these terms. If you do not agree with them, you should refrain from placing any order.
HALIOTIS may change or update, in whole or in part, these Terms and Conditions, as well as the Privacy Policy and Cookie Policy. Any changes or updates to these Terms and Conditions, as well as to the Privacy Policy and Cookie Policy, shall take effect as soon as they are published in the relevant section of the website. Users are advised to regularly check the Terms and Conditions, Privacy Policy and Cookie Policy sections to verify the most up-to-date versions.
The User is subject to the principles and terms in force at the date of their order, unless the law or a competent authority requires any change thereto, in which case such changes shall apply to orders already placed.
Access to and use of the website are made available by HALIOTIS for the sale of its services, to allow payment for the services requested, or to communicate with the site's users for other purposes.
2. License
Without prejudice to the other clauses of these Terms and Conditions, HALIOTIS authorizes any user to use this website only for the purposes set out in these Terms and Conditions. The license to use may be revoked by HALIOTIS at any time. Under the law and these Terms and Conditions, the user may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or alter the source code, reverse engineer, decompile or disassemble, in whole or in part, the content of the website. By accessing the website, the user acknowledges and accepts that its content may be incomplete, inaccurate, out of date, or may not meet their needs and requirements.
Breach of these Terms and Conditions may result in the withdrawal of the license granted by HALIOTIS, as well as the exercise of its rights, to the fullest extent permitted by law, in the event of any damages or compensation claims brought by third parties.
3. Website Content
The website and all information and content published on it may be changed by HALIOTIS at any time, periodically and/or without prior notice.
Access to and use of the website, including viewing web pages, their content, and evaluating the information, are activities carried out by users.
Specifically, users are solely responsible for communicating incorrect, false, or third-party information or data without the latter's consent, as well as for any incorrect use thereof.
The website's content may contain inaccuracies or typographical errors. HALIOTIS is not liable, and may not be held liable, in any way, for inaccuracies and errors, or for damages (if any) caused by or resulting from the use of information derived from the website or through the website by users.
Given that any content that may be downloaded or otherwise obtained results from the user's free decision and is carried out at their own risk, any damage (if any) to computers or loss of data resulting from downloading operations carried out by the user shall be the user's sole responsibility and may not be attributed to HALIOTIS.
HALIOTIS does not assume any liability for damages (if any) resulting from the impossibility of accessing the services made available through the website or for damages (if any) caused by viruses, corrupted files, errors, omissions, service interruptions, cancellation of content, issues related to the Internet, service providers or telephone and/or telematic connections, unauthorized access, data alterations, or related to the non-existence and/or malfunction of the user's electronic devices.
The user is fully and exclusively responsible for any actions carried out through their user account, whether directly or through third parties authorized by the user. HALIOTIS has adopted appropriate technical and organizational measures to safeguard the security of the services it provides through the website, to ensure the integrity of electronic traffic data, and to prevent risks of dissemination, destruction or loss of confidential or non-confidential data and information of its users held on the website, or related to unauthorized access to, or breach of applicable legal provisions regarding, such personal data and information.
HALIOTIS does not guarantee, and cannot guarantee, that the website is free from viruses or any other element that may negatively affect the technology.
4. Access to the Website. Interruption and Suspension.
HALIOTIS provides access to the website, without prejudice to the possibility that it may be suspended, limited or interrupted at any time, namely to allow for recovery, maintenance or the introduction of new features or services.
HALIOTIS will make every effort to restore access as quickly as possible.
Whenever a private area is made available on the website, HALIOTIS may allow access to it through the address https://haliotis.pt.
The user is responsible for safeguarding and correctly using their personal information and access credentials. In such circumstances, the user will be responsible for creating their username and password. The user will also be responsible for providing specific information, which must be accurate and up to date. The user may not choose a username belonging to a third party with the intention of using their identity. Likewise, the user may not use a third party's username without their express consent.
The user must ensure the confidentiality of their password and must not share it with third parties.
5. Personal Data Protection
Users are advised to read and review the Privacy Policy, which forms an integral part of these Terms and Conditions, to understand how the website collects and uses users' personal data and for what purposes.
6. Intellectual Property Rights
All rights reserved. The website and all its content, including without limitation articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video or audio clips or marketing texts, as well as trademarks, logos, domain names, and any other elements that may be covered by property rights (including source code) and/or other forms of intellectual property rights (hereinafter "Material"), are the property of HALIOTIS or third parties and are protected against unauthorized use, copying or disclosure by national laws and international treaties relating to Intellectual Property Rights. None of the provisions of these Terms and Conditions and/or the content on the website may be interpreted as implicitly granting, accepting or in any way licensing the right to use any Material by any means, without the prior written consent of HALIOTIS or the third-party owner of the Material or the intellectual property rights published on the website. The use, copying, reproduction, alteration, republication, updating, downloading, emailing, transmission, distribution or duplication, or any other improper act involving the Material not specifically identified but of a similar nature, is prohibited.
The user may, however, view and display the website's content and/or the Material on a computer screen, store such content in electronic format on disk (but not on a server or on a memory device connected to the Internet), or print a copy of such content for personal, non-commercial use, while maintaining all information related to intellectual property rights.
Access to the website does not confer on the user any right over the content made available by HALIOTIS.
7. Links to Other Websites
HALIOTIS's occasional provision on the website of links ("Links") to third-party websites or to content made available by third parties ("Other Websites") is included solely for informational purposes and for the user's convenience. HALIOTIS does not control the Other Websites and, therefore, is not responsible for such Other Websites or their respective content or products (including without limitation references to social networks) and is not liable for any damages or losses that may result from the user's use of the Other Websites, nor for the processing of personal data during internet browsing operations. Access to any Other Website, through a link on the HALIOTIS website, shall be at the user's sole responsibility and risk.
The user should therefore pay particular attention when connecting to Other Websites through links on the HALIOTIS website and carefully read their respective terms and conditions and privacy policies.
8. User Warranties
The user acknowledges and declares that:
- Have read and understood these Terms and Conditions;
- Will refrain from reproducing, duplicating, copying, selling, reselling or in any way commercially exploiting the website or its content, or part thereof, and will refrain from using or reproducing HALIOTIS's or third parties' trademarks or any intellectual or industrial property rights;
- Will not publish or use false, injurious or defamatory information;
- Will refrain from using, directly or indirectly, the services or the website for purposes contrary to the law or inconsistent with the provisions of these Terms and Conditions;
- Will not spread viruses, spyware, adware, rootkits, backdoors or Trojan viruses or other similar computer threats;
- Will not use software or other automatic or manual mechanisms to copy or access control of the website or its content.
9. Damage and Losses Caused by the Client
The Client is responsible for the correct use of all equipment, diving gear, boats and facilities made available by HALIOTIS during the course of any activity, course or service.
In the event of damage, breakdown or loss of equipment, gear or property belonging to HALIOTIS resulting from improper use, negligence, failure to follow instructions provided by instructors/guides, or any act or omission attributable to the Client, the Client undertakes to reimburse HALIOTIS for the cost of repair or, should repair not be possible or viable, for the replacement value of the item in question, at market price at the date of the incident.
HALIOTIS reserves the right to demand immediate payment of the amount corresponding to the damage or loss, and may, where applicable, withhold the amount of any deposit previously provided until the total amount owed has been settled.
Excluded from this liability are damages resulting from normal wear and tear, manufacturing defects in the equipment, or faults attributable to HALIOTIS or its staff.
10. Miscellaneous Provisions
These Terms and Conditions and any document referred to herein constitute the entire agreement between the parties regarding the formation of a Contract and shall prevail over any prior agreement, understanding or arrangement, whether written or oral.
Both parties acknowledge that, in entering into the contract, neither based their decision on any statement, commitment or promise made by the other, or which could be considered implicit in anything said or written during negotiations prior to entering into the contract, except where the contrary follows from these Terms and Conditions.
Neither party may rely on the fact that the other made an untrue statement, whether oral or written, prior to entering into a contract (except where such statement was made fraudulently), and may only rely on the rules of contractual breach arising from these Terms and Conditions.
These Terms and Conditions shall be governed by Portuguese law and shall be interpreted in accordance with Portuguese law.
The user may contact Customer Service for any question related to the Terms and Conditions or to the use of the website, by email to info@haliotis.pt.
11. Orders
The User shall place their order online, at haliotis.pt.
No contract regarding the products available on the website is formed between HALIOTIS and the User unless the order has first been accepted by the User.
To make an online purchase, the purchasing process must be followed.
By placing an order, the User fully and completely accepts the Terms and Conditions of sale, the prices and the description of the products included in the transaction.
To place an order, the User must have an email address and their browser must be configured to accept cookies and pop-ups, in order to make full use of the website's browsing features.
To place an order, the User must follow the online purchase process and press the "Order now" button. The User will then receive an email at the address previously provided, confirming that the order has been received by HALIOTIS (the "Order Confirmation"). Please note that this does not mean the order has been accepted. The order constitutes only an offer to purchase one or more products. Any order is subject to acceptance by HALIOTIS, which will always be confirmed by sending an email notifying the shipment of the product(s) (Payment Details).
The sales contract between HALIOTIS and the User will only be formalized upon communication of the Payment Details. The contract shall relate only to the products mentioned in the Payment Details.
The photographs shown on the website are for illustrative purposes only; therefore, before placing an order, it is recommended that the product be reviewed in detail for information on its characteristics.
12. Refusal of Orders
Haliotis reserves the right, at any time, to remove any products appearing on the site, or to alter or delete any materials or content. Notwithstanding its efforts to process all orders, exceptional circumstances may arise that lead it to refuse processing and/or acceptance, even after an Order Confirmation has been sent, which it reserves the right to do, at its sole discretion, at any time.
Haliotis shall not be liable to the User or any third party for the removal of any product appearing on the website, for the alteration or deletion of any materials or content thereof, nor for the refusal to complete the processing or acceptance of any order that has been the subject of an Order Confirmation.
Haliotis 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 potentially fraudulent;
• Payment has not been received within a maximum period of 5 (five) business days after acceptance of the order;
• Error in the price quotation;
• Impossibility of delivery to the address provided;
• If there are suspicions that the User is a minor.
13. Prices
The price of products available online is always indicated in euros, including VAT at the legal rate in force.
Although HALIOTIS seeks to ensure that all prices indicated on the website are correct, errors may occur.
Except in the case of an obvious error, the price of products will be that indicated on the website at any given time, without prejudice to the subsequent application of discounts.
If HALIOTIS finds that the price of a product included in an order is incorrect, it will inform the User as soon as possible, giving them the choice between reconfirming the order at the correct price or proceeding with its cancellation.
If it is not possible to contact the User, the order will be deemed cancelled and the User will be fully refunded the price of the products, if already paid.
HALIOTIS shall not be obliged to supply any product at an incorrect price (if lower), even if a Shipping Confirmation has already been sent, if the error is obvious, unequivocal and should reasonably have been identified by the User.
Prices are subject to change at any time, but except as stated above, such change will not affect orders for which a Shipping Confirmation has already been sent.
The prices charged on the website are independent of the prices charged in physical stores, although they are usually the same. However, variations may occur in relation to those prices, to the websites of similar businesses, or other sites, related to promotional campaigns for online sales.
Once the User has finished their online shopping, all the products chosen for purchase will appear in their shopping cart. At the end of the selection process, the User must confirm the total purchase amount and make payment.
Delivery costs may be added to the price of each product, and will be included in the final price.
Promotional codes
When used in accordance with the established rules, a promotional code entitles the User to benefit from a promotion relating to the purchase of a specific item or set of items during the period indicated/associated with the respective code/promotional campaign.
Promotional codes are only valid for purchases made online, at haliotis.pt.
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 reflected in the total price of the final invoice, and may not be exchanged for its cash value.
Only one code may be used per order. Some codes may apply exclusively to the purchase of a specific item.
HALIOTIS reserves the right to segment online campaigns and promotions.
Before making a purchase, the User should check the conditions in force.
14. Payment Methods
Following confirmation of the order, the User will find various payment options available in their shopping cart, and may choose the one that best suits them, among the following:
• Credit and Debit Cards;
• Multibanco;
• MB WAY;
• Bank transfer;
HALIOTIS reserves the right not to accept cheques or cash as payment for online purchases, but only the payment options listed above.
MULTIBANCO
The customer may choose this payment method, in accordance with the conditions and limits defined therein.
Through this method, the User will receive the details needed to make the payment via a banking app or Multibanco terminal.
MB WAY
The customer may choose this payment method, in accordance with the conditions and limits defined therein.
Through this method, the User will receive a notification on their mobile phone showing "Payment pending", which they should tap and then press the "Pay" button to proceed with payment of the respective order.
15. Security of Payment Methods
HALIOTIS shall not, under any circumstances, be held liable for any damage suffered as a result of the use of electronic means of communication, including but not limited to damage arising 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 transmission.
This information is confidential and will not be used by HALIOTIS, except to carry out the procedures necessary for the purchase or refund (in the case of a return).
16. Right of Withdrawal
(Applicable to purchases made at haliotis.pt)
The Client may cancel the order placed, at any time, up until its delivery, with the right to a refund of all amounts paid.
From receipt of the order by the Client, they may exercise their right of withdrawal under the legally established terms indicated below, namely under Decree-Law no. 24/2014, of 14 February, without needing to state a reason or being liable to pay any compensation.
Non-payment of the order within 5 (five) days following the date on which it was definitively placed will result in its automatic cancellation.
In drafting and presenting commercial information, HALIOTIS makes every effort to ensure it is free of typographical errors and, whenever these occur, will correct them immediately. However, if the information presented does not correspond to the characteristics of the product, the Client is entitled to terminate the sales contract.
The User is not entitled to withdraw from the contract in the case of the supply of digital content not provided on a tangible medium, if the service was initiated with the consumer's prior express consent and the consumer acknowledged that they would lose their right of withdrawal, or in the case of the provision of services after the service has been fully performed, provided that performance began with the consumer's express consent, accepting that they would lose their right of withdrawal once the contract had been fully performed by the trader.
Regarding the provision of services, the Cancellation Policies should be consulted.
17. Communication Between the Parties
Except where a special form is required under this contract, all communications between the parties must be made in writing, by letter or email, and addressed to the indicated addresses.
HALIOTIS will preferably contact the User by email or provide them with information by posting notices on this website. For contractual purposes, the User accepts this means of electronic communication and acknowledges that any contracts, notices, information and other communications transmitted electronically by HALIOTIS satisfy the legal requirement that such communications be made in writing.
Written communications shall be deemed to have been made on the date of their receipt or, if by email, on the day of sending, and communications made by registered letter with acknowledgement of receipt shall be deemed to have been made on the date the acknowledgement was signed or on the 5th business day counted from the date of registration.
For the purposes of service of process and notifications in judicial proceedings, HALIOTIS designates as its address the one stated in this contract, and the User the address indicated in their registration at the time of purchase.
Any change of address by the User, including email addresses, must be communicated to HALIOTIS within 30 days following the change.
All contractual information is written in Portuguese, as is the information on items, email communications and formalization of the sale.
Computerized records, kept securely in HALIOTIS's computer systems, shall be considered as evidence of the communications, orders and payments made between the parties.
18. Transfer of Rights and Obligations
HALIOTIS may transfer, assign or encumber its contractual position, subcontract, 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 disposal of the contract, shall have the effect of limiting the User's legal rights as a consumer, or of reducing and/or limiting, in any way, any warranty provided by HALIOTIS to the user, whether expressly or implicitly.
19. Events Beyond the Seller's Control
HALIOTIS shall not be liable for any failure to perform, or delay in performing, any obligation arising from the Contract that is due to an event beyond its reasonable control (a "Force Majeure Event").
A Force Majeure Event includes any occurrence, act or omission beyond the Seller's reasonable control and includes, in particular (but not exclusively), the following:
- Strikes, lock-outs and other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of using railways, shipping, aircraft, road transport or other public or private means of transport;
- Impossibility of using public or private telecommunications networks;
- Acts, decrees, legislation, regulations or restrictions of any government;
- Any strikes, disruptions or accidents affecting relevant postal or transport services.
HALIOTIS's obligation to perform under any contract will be suspended for the duration of a Force Majeure Event and will give rise to an extension of the respective deadline equivalent to that duration. HALIOTIS will make reasonable efforts to bring a Force Majeure Event to an end, or to find a solution enabling it to fulfil its contractual obligations despite its existence.