Terms & Services

Terms & Services

1. The scope and object of the General Conditions of the Store.

The present General Conditions are intended, with the order form and other elements referred to therein, to regulate the terms and conditions by which the Service of the website will be governed by Capcave, hereinafter identified as "Store," "Company," or "Capcave."

The Service consists of providing access, through the address https://www.capcave.com, to the Online Store that, in addition to providing information regarding a set of products and/or services, allows the User, electronically, to order the products disclosed therein, upon acceptance of all the terms, conditions, policies, and notices described here.

By visiting the website and/or ordering any product, you are, in turn, using the Services and, consequently, agreeing to the following terms and conditions and additional policies mentioned in this document and/or available by hyperlink. These terms and conditions apply to all Users of the website.

Please read the terms and conditions carefully before accessing the website or using the Services. Do not continue to use the website or Service provided by Capcave if you do not agree with all or any of the terms and conditions stated on this page.

Product orders must be placed by Users aged 18 (eighteen) years or older (individuals under this age must have authorization from their representatives). The elements and information transmitted by the User will have full legal effect, recognizing the User's electronic acquisitions, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.

2. Product Information and Content

Capscave will make every effort to ensure that the information presented does not contain typographical errors and will promptly correct them whenever they occur. If you purchase a product that has different characteristics than those presented online, you have the right to terminate the purchase contract under applicable legal terms (right of withdrawal - see point 9).

Capscave will do its best to send all the products ordered, but it is possible that, in certain cases and due to causes beyond Capcave's control, such as human errors or incidents in computer systems, it may not be possible to provide some of the products ordered by the User. If any product is unavailable after you have placed the order, you will be notified by email or phone. At that time, you will be given the option to cancel the order with the corresponding refund if you have already made the payment.

Capscave reserves the right to change or update all information regarding prices, products, specifications, promotional actions, and services at any time and without any notice.

3. Responsibilities

Capscave will make every effort to ensure that the information presented does not contain typographical errors and will promptly correct them whenever they occur. If you purchase a product that has different characteristics than those presented online, you have the right to terminate the purchase contract under applicable legal terms (right of withdrawal - see point 9).

Capscave will do its best to send all the products ordered, but it is possible that, in certain cases and due to causes beyond Capcave's control, such as human errors or incidents in computer systems, it may not be possible to provide some of the products ordered by the User. If any product is unavailable after you have placed the order, you will be notified by email or phone. At that time, you will be given the option to cancel the order with the corresponding refund if you have already made the payment.

Capscave reserves the right to change or update all information regarding prices, products, specifications, promotional actions, and services at any time and without any notice.

3.1 All products and services sold in the Store comply with Portuguese Law.

3.2 The Store has adequate security levels, but Capcave will not be responsible for any damages suffered by the User and/or third parties due to delays, interruptions, errors, and suspensions of communications that originate from factors outside its control, namely, any deficiencies or failures caused by the communication network or communication services provided by third parties, the computer system, modems, the connection software, or possible computer viruses or resulting from the download of files infected with or containing viruses or other properties that may affect the User's equipment. If for any reason there is an error accessing the Store's website making it impossible to provide the Service, Capcave will not be responsible for any damages.

3.3 Data and information inquiries made within the scope of this Service are presumed to be made by the User, with the Company declining any responsibility arising from the abusive or fraudulent use of the information obtained.

3.4 Capscave will not be responsible for any losses or damages caused by abusive use of the Service that is not directly attributable to it as willful misconduct or gross negligence.

3.5 Capscave is not responsible for damages or losses resulting from the breach or defective performance of the Service when it is not directly or indirectly attributable to it as willful misconduct or gross negligence, not being liable, in particular, for:

I. errors, omissions, or other inaccuracies relating to the information made available through the Service;

II. damages caused by the fault of the User or third parties, including violations of intellectual property;

III. non-compliance or defective performance resulting from compliance with judicial decisions or administrative authorities; or

IV. non-compliance or defective performance resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to the Company and that cannot be controlled by it, such as fires, power outages, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods, or other natural disasters or other situations not controllable by Capcave that prevent or hinder the fulfillment of the assumed obligations.

3.6 Capscave does not guarantee that:

I. the Service will be provided uninterruptedly, will be secure, without errors, or will function indefinitely;

II. the quality of any product, service, information, or any other material purchased or obtained through the Service will meet any expectations of the User in relation to it;

III. any material obtained in any way through the use of the Service is used at the User's own risk, being solely responsible for any damage caused to their computer system or equipment or for any loss of data resulting from this operation;

IV. no advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee not expressly stated in these General Conditions.

3.7 The User accepts that Capcave cannot in any way be held responsible for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if the User has been previously advised of the possibility of such damages occurring), resulting from:

I. the use or inability to use the Service;

II. the difficulty of obtaining any substitute goods/services;

III. unauthorized access to or modification of personal databases.

4. Consumer Obligations

4.1 The User agrees to:

I. provide correct personal data and addresses;

II. not use false identities;

III. respect the imposed order limits.

4.2 If any data is incorrect or insufficient, and for that reason, there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and Capcave declines any responsibility. If the consumer violates any of these obligations, Capcave reserves the right to eliminate future purchases, block access to the Store, cancel the provision of any other services simultaneously provided by Capcave to the same User, and also to not allow future access by the User to any or all services provided by the Company.

4.3 The use of purchased products and services for commercial purposes is expressly prohibited, namely for resale of goods.

4.4 The User must not use our products for any illegal or unauthorized purpose. They must also not violate any laws in their jurisdiction (including, but not limited to, copyright laws) while using this Service.

4.5 The User must not transmit any viruses or any code of a destructive nature. Violating any of the Terms will result in the immediate termination of their Services.

5. Privacy and Personal Data Protection

5.1. Capscave guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified in the order form as mandatory are essential for the provision of the Service by Capcave. The omission or inaccuracy of the data provided by the User is solely and entirely their responsibility and may result in the refusal of the Service by Capcave.

5.3. The User's personal data will be processed and stored electronically based on and in compliance with Law No. 58/2019 and are intended to be used by the Company within the scope of the contractual and/or commercial relationship with the User and, with the User's authorization, for marketing purposes SPECIFY ON A CASE-BY-CASE BASIS AND IN ACCORDANCE WITH THE SPECIFIC OBJECTIVE OF THE COMPANY.

5.4. Under the terms of the applicable legislation, the User is guaranteed, at no additional cost, the right to access, rectify, and update their personal data, directly or upon written request, as well as the right to object to their use for the purposes set forth in the preceding paragraph, by contacting the department responsible for processing personal data via the following email support@capscave.com.

5.5. For more information, please consult the dedicated privacy policy page at the following link 

6. Order Cancellation

6.1. At the User's Request The User may cancel their order by requesting it from Capcave via email at support@capcave.com, providing the order number, which will be accepted as long as the order has not yet been processed. After processing, Capcave will attempt to deliver the order, but the User has the option to refuse acceptance. For cancellation purposes, the User must provide the following details: a) Order number; b) VAT number used to place the order; c) Delivery address.

6.2. At the Company's Discretion Capscave reserves the right not to process orders if it detects any inconsistency in the personal data provided or observes misconduct by the buyer. Capcave also reserves the right not to process any order or refund if there are errors in the prices and/or product characteristics resulting from technical problems or errors beyond Capcave's control.

7. Return (Right of Withdrawal)

7.1. The User, if they are a consumer, can exercise the right of withdrawal without any indemnity being required, within 14 (fourteen) days from the day the consumer acquires physical possession of the goods. To exercise this right, the User must send an email to support@capscave.com, providing all their identification details, the subscribed service they wish to cancel, and the subscription date. The communication must be made in writing, either by returning the purchased goods or by another appropriate means that can be proven within the defined period. The Consumer must return the goods to Capcave within 14 (fourteen) days from the date of the withdrawal notice, in proper usage conditions. The package must be returned complete, as delivered, and accompanied by all received documentation, namely, the sales invoice and the document proving receipt of the product. The Consumer is responsible for the return costs, corresponding to the transport of the product(s) they wish to return.

7.2. Upon receipt of the product return at the Company, the User will be refunded the amount corresponding to the amount paid for the order (invoice amount). If a promotional discount code was used, this amount will not be refunded, meaning the refund will only be for the amount actually paid.

7.3. The refund method depends on the payment method used in the respective order. In the case of credit card and PayPal payments, these are credited to the respective accounts. In other cases, the buyer must provide the IBAN information, and the refund is made to the indicated bank account. The refund is made within 14 days after the receipt of the withdrawal notice and the return of the goods.

7.4. If any of the components of the sold item are missing or if any of them are not in excellent condition, there will be no refund of the price or shipping costs, and the product will be sent back to the initial shipping address.

8. Manufacturing Defect

8.1. In case of "manufacturing defects," that is, when malfunctions are detected in the equipment that, in principle, do not fall within the scope of their respective warranty, the User must send an email to support within a maximum period of 30 consecutive days from the date of the invoice, to the following email support@capscave.com. If the User chooses other return methods, the respective shipping costs will be their responsibility.

8.2. To ensure that the product exchange can be carried out, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal, and accessories), containing all the components that constitute it, in excellent condition.

8.3. In the absence of any of the aforementioned elements, or if any of the components are not in excellent condition, there will be no exchange, and the product will be resent to the User.

9. Warranty

9.1. All equipment available in the Store is duly certified by the relevant international entities.

9.2. Capscave products and accessories have the warranty period defined by legal terms.

9.3. Equipment that has exceeded the period defined by legal terms or shows defects caused by abnormal wear and tear, improper installation, weather conditions, electrical discharges, negligence or accidents, improper handling, moisture/liquid infiltration, use of non-original accessories, and technical interventions by unauthorized personnel are considered out of warranty conditions.

10. Intellectual Property

10.1. The Store is a registered website, and the Service provided by the website itself is the responsibility of Capscave.

10.2. Unless otherwise stated, Capscave and/or its licensors own the intellectual property rights for all material on Capscave. All intellectual property rights are reserved. You may access the Store's website for your own personal use subject to restrictions set in these terms and conditions.

10.3. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property, and other applicable legislation.

10.4. The User acknowledges that any content featured in advertising, highlights, promotions, or mentions of any sponsor or advertiser is protected by copyright laws and related rights, industrial property laws, and other protection laws, and any use of these contents can only occur under express authorization from the respective holders.

10.5. The User agrees to fully respect the rights referred to in the previous number, specifically refraining from practicing any acts that may violate the law or said rights, such as reproduction, commercialization, transmission, or making available to the public those contents or any other unauthorized acts targeting the same contents.

10.6. The Store's website offers Users the opportunity to post and exchange opinions and information through comments. Capscave does not filter, edit, publish, or review comments on the website. Comments do not reflect the views of the Company, its agents, and/or affiliates. Comments reflect the viewpoint and opinions of the User who posts them. To the extent permitted by applicable laws, Capscave shall not be responsible for the comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of comments on the website.

10.7. Capscave reserves the right to monitor all comments and to remove any comments that can be considered inappropriate, offensive, or cause violation of these Terms and Conditions.

11. Service Security Conditions

11.1. The User agrees to observe all applicable legal provisions, namely not practicing or encouraging the practice of unlawful acts or acts offensive to good morals, such as the indiscriminate sending of unsolicited communications (spam, phishing, pharm, pretext, spider, crawl, or scrape) in violation of the provisions of applicable legislation on the processing of personal data and advertising communications through automatic call devices, and must also observe the Service's usage rules, under penalty of the Store suspending or deactivating the Service as provided in point 14.

11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by several users, and as such, subject to computer overloads, so Capcave does not guarantee the provision of the Service without interruptions, loss of information, or delays.

11.3. Capscave also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it relies or force majeure (extraordinary or unforeseeable situations, external to Capcave, and not controllable by it).

11.4. In case of interruption of the Service provision due to unforeseeable overload of the systems on which it relies, Capcave commits to regularizing its operation as soon as possible.

12. Store Service Suspension and Deactivation

12.1. Regardless of any prior or subsequent communication, Capcave may, at any time and at its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.

12.2. Capscave also reserves the right to suspend or immediately terminate access to the Service in the following cases:

a) When the User does not comply with the usage conditions referred to in point 4 and other mentioned in the General Terms and Conditions;

b) When Capcave ceases access to the Store, with prior notice given 15 days before the cessation date.

12.3. The suspension or termination of the Service by Capcave, under the terms of the previous numbers, does not entitle the User or third parties to any indemnity or other compensation, and the Store cannot be held responsible or burdened for any consequences resulting from the suspension, annulment, or cancellation of the Service.

12.4. In the above-described situations, Capcave will notify the User beforehand so that the User can, if desired, safeguard the content of their order viewing area within 3 (three) business days from the email sending or information availability on the Service's main page.

13. Communications

13.1. Without prejudice to other forms of communication provided in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made to the User's email address, by SMS, or phone contact.

13.2. The User agrees to receive all and any communication and/or notification related to the Online Store, to the address, contact phone number, and/or email address indicated in the order process. At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the "Do not receive Newsletter" option in each Newsletter.

14. Technical Configurations

14.1. Without prejudice to the provisions of the following number, Capcave may change the Service and/or the technical conditions of its provision, as well as the respective usage rules, disclosing such changes to the User with a minimum notice of 15 (fifteen) days.

14.2. The current version of these General Terms and Conditions and its annexes are available at https://www.capcave.com/....

15. Communications

15.1. Whenever Capscave deems necessary or convenient to optimize browsing experience and/or improve connectivity conditions, it may remotely reconfigure network settings.

15.2. Without prejudice to the provisions of the following numbers, and given the innovative nature of the Service and the technological evolutions it may be subject to, Capcave may change its technical configurations whenever it is deemed convenient to adapt to any technological developments.

15.3. However, Capscave does not guarantee the User any upgrades or improvements to the Service.

15.4. Some upgrades or new functionalities of the Service may only be available against payment by the User and/or subscription to Specific Conditions of use.

16. Complaints

16.1. The User may submit any contractual conflicts to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to the following email address support@capscave.com of acts and omissions that violate the legal provisions applicable to the acquisition of goods.

16.2. The complaint must be submitted within a maximum of 30 (thirty) days from the knowledge of the facts by the User, being registered in the information systems of the Online Complaints Book, which must decide on the complaint and notify the interested party within a maximum of 30 (thirty) days from its receipt.

  1. Applicable Law The Contract is governed by Portuguese law.

  2. Contact Information In case of doubts or questions about the Terms and Conditions, they should be sent to suporte@capcave.com.