Terms and Conditions
These General Terms and Conditions (the “GTC”) are intended to regulate the use of the CAMADA® marketplace, available through https://camada3d.com (the “Website”), owned by ROLO SILVA & MORAIS GOMES, LDA, Rua dos 3 Lagares, Incubadora A Praça, Fundão, Portugal, Company number (NIPC) 517370824, hereinafter referred to as “CAMADA®” and by the individual users being consumers, hereinafter referred to as “Client”.
CAMADA® and the Client (together referred to as the “Parties”) agree that purchases made on the Website will be governed exclusively by these GTC, in the version that is currently in force as amended from time to time, at the reasonable discretion of CAMADA®.
Simple navigation on the Website and/or the online demand and/or actual purchase of any product available at the Website from any Supplier, implies acceptance of these GTC, whose prior reading is recommended.
By accessing and using the Website, the Client acknowledges that he has read and unreservedly accepted these GTC, in the version that is at such time in force, a copy of which the Client is invited to make with each and every Purchase/Order.
The Client understands and agrees that he should not use the Website AND REFRAIN FROM ANY ACT OF DEALING WHERE CLIENT DOES NOT AGREE, DOES NOT FULLY UNDERSTAND OR IS NOT FULLY WILLING TO ACCEPT the present GTC WITHOUT RESERVATIONS, LIMITATIONS WHATSOEVER BEING.
1. SCOPE AND AMBIT
The purpose of these GTC is to provide and define all the information necessary to the Client about the ordering, sale, payment and delivery of products ordered on the Website.
These GTC govern all the steps necessary to place an order as well as state the terms applicable to a sale and purchase of a product, including after sales support (if/where applicable).
These GTC apply exclusively to Clients who are natural persons and not merchants or traders, being understood as such, such natural persons who act for purposes of their own individual needs of consumption and out of the scope of any commercial, exploitation intent or professional activity. For the avoidance of doubt, these GTC will not apply, if it is verified at any time, that the Client is not an end consumer as defined in the terms of paragraph c) of article 3 of Decree-Law 24/2014, of 14 February.
The business terms by and between client companies and the businesses/suppliers hosted at CAMADA shall be solely governed by the terms agreed to by and between such company clients and Suppliers.
CAMADA® consists of a platform for online demand of 3D (tri-dimensional) products by Client(s) from 3D advertising Suppliers hosted at the Website (the “Suppliers”).
CAMADA® is intermediating business between Clients and Suppliers, whereas the sale and purchase transactions are carried out and regulated directly by and between such Clients and Suppliers.
3. CAMADA® HOSTED PRODUCTS
CAMADA® allows third-party suppliers ( the “Suppliers”) to advertise, offer and sell their 3D product lines on the Website.
The detail page of these products will contain the corresponding information.
Clients understand that products are offered, ordered from and sold by Suppliers who are external to CAMADA® and over whom CAMADA® exerts no means of influence or control.
Although CAMADA® facilitates transactions through the Website, CAMADA® is neither the Client nor the Supplier of products offered by the Suppliers. CAMADA® merely provides an online space where Suppliers can show, advertise, negotiate and conduct their business transactions at their entire and sole risk. Therefore, the sale and purchase agreement that is entered into by and between any of the Clients and the Suppliers at the Website is solely governed by the terms and conditions of sale as published by the Suppliers and accepted by the Clients. CAMADA® is not a party to such an agreement and takes no liability in respect thereof or in connection therewith, including as an agent for the Supplier or otherwise.
Supplier is responsible for the sale of the Products and for processing any Client orders subject to the terms of the laws applicable to such sale and purchase.
CAMADA® does not guarantee the accuracy and completeness of the information provided by the Suppliers and/or displayed in any advertisement, negotiation communication, technical documentation, technical data sheets and/or any other information by Suppliers nor does it guarantee that such information is of sufficient or adequate quantity, quality or sufficiency nor that such will meet any needs, requirements or levels of performance. The responsibility in respect of the information provided by any and all Suppliers shall rest with such Suppliers solely, and CAMADA® shall not be responsible for them.
The descriptions, photographs/videos, statements or any contents published regarding the products presented at the Website mean not to be exhaustive, self-explanatory or technically verified/certified and shall be understood by Clients as merely exemplificative or illustrative.
Although CAMADA® recommends Suppliers to display, advertise their products as carefully and as accurately as possible, the aim of the texts, photographs/videos published (if any) are to convey an image that is as close to the real thing as possible, although Client understands and agrees that such is not always possible and certain minor non material technical errors and/or deviations of the real product versus the one announced or published may frequently occur.
The quality perception, rating and/or opinion expressed by CAMADA®, other clients or one of its Suppliers regarding certain article/product is an individual opinion, perception or rating, which reflects the taste, discretionary preference of those who issue them and , under no circumstances, can such opinions be understood as a guarantee of quality, conformity, adequacy, or any other, in addition to and/or replacing the legal guarantees.
Some Products are not off the shelve, mass-produced and may be manufactured specifically to meet a Client’s design or specific requirement, in which cases, they cannot be returned by Client even though they may (in the result) vary in texture, color, size and/or finish from those initially intended. The latter may not qualify as a defect where the materials, machinery and skills used for producing the order where those announced by Supplier.
4. PRODUCT ORDERS
Client starts his ordering process after selecting the “buy” option at the Website, being able to check, edit and complete his order through the purchase process designated on the Website called “checkout”.
To start shopping at CAMADA®, the Client must:
a) Register, providing for this purpose the information requested for account creation;
b) Log in (providing a combination of email and password chosen during registration);
c) Complete the information and choose the options available throughout the checkout process (delivery and billing address; type of shipment; payment method, as well as the VAT and the name that, for tax purposes, Client wants to appear on the invoice) and read and accept the present GTC immediately before placing the order, being able to save Order information on Client’s device.
The sending of the order by the Client is equivalent to the full and complete acceptance of these GTC and the prices and description of the products available for sale at CAMADA®. The present GTC will be the only contractual conditions applicable, so the Order Information stated above in sub-paragraph c) of the previous number, must be kept in a safe place on a device chosen by the Client.
The data contained in the invoice are the sole responsibility of the Client. The invoice, once issued, cannot be canceled and/or reissued.
5. PRODUCT PRICES
Prices are listed and are presented in Euros (€), with taxes and fees excluded, which shall be calculated at final checkout depending on origin and destination of Products.
The prices shown in the “checkout” process always correspond to the most up-to-date prices in force, however, they should only be considered valid while they are visible on the final invoice. Prices showing at the Website should be considered only on a refreshed page of the same (cache or non-refreshed pages, they may show prices that have already been are not updated) and until the order is duly registered and paid for. Mere reservation of an item without corresponding payment at checkout implies no assurance of no variation of the price for the Client.
At CAMADA® there may be various promotional proposals, in the form of percentage discounts on the public sale price, discounts for redeeming Vouchers or using credits (the “Promotions”). Promotions can be seen on several pages, namely in product files, shop windows and in search results lists but in every case they are the sole responsibility of the corresponding Suppliers.
All Promotions have a specific validity period. Promotions announced may represent a commitment of price reduction by the Supplier until the end of the announced promotional period (or campaign), but always under the condition that the order is finalized and paid for by the Client (i) on/before the end of the advertised promotional (or campaign) period or (ii) on/before the end of available stock, whichever comes first.
Client fully understands that saving a product in the “shopping basket” or “favourites” does not guarantee its Availability, the price or the applicable discount.
6. PRODUCT PAYMENT AND VALIDATION OF THE ORDER
CAMADA® Website enables the following payment methods to the Client:
a) Credit card (Visa, Mastercard and Eurocard);
In the case of payment by credit card, the debit will be made to the Client immediately after registering the order. If there is an error in confirming availability, the amount that may have been charged to the Client will be refunded by the means used for payment (if/where possible).
After confirmation of receipt of payment, an email will be sent confirming the placement of the order. The email will be sent to the email address indicated by the Client when registering with CAMADA®.
If payment for an order is not received, the order cannot be validated and processed, expiring.
7. PRODUCT SHIPMENT
At checkout, the types of shipment that the Client can select will be displayed.
Shipping costs vary according to the weight and dimensions of the order, delivery location and the type of shipping selected by the Client. To find out the shipping costs for an order, the Client must add the products he intends to buy to the shopping basket and proceed to checkout, confirming the value of the shipping costs depending on the chosen method.
Client understands that Suppliers reserve their right not to process orders and carry out the respective shipments for PO Boxes, certain regions or territories.
In each product file, the foreseeable deadlines, in working days, for their dispatch (Availability Period) are presented.
“Availability” means the period in which a product is ready for shipment. When ordering 2 or more products with different Availability, you should always consider the longer of the indicated deadlines. The availability of each product can be consulted in the product information sheet or in the order summary, at checkout.
The Availability Periods are merely indicative and based on the history of previous deliveries for supplies of these products.
In cases of stock-out or Force Majeure events, Clients will be informed of rescheduled, cancelled or delayed deliveries (where such is an impact to consider), unless the Client, in cases where this is permitted, exercises his/her right to freely terminate. By not activating this right, in cases where this is permitted, Supplier shall assume that the Client remains interested in the order and that he consents to delivery beyond the indicated availability period, as soon as possible.
To follow up an order in progress or monitor the delivery status, when the Client has selected the service in question, the Client must go to the respective site or application to retrieve such information and such sites or applications are external to the Suppliers and/or CAMADA® being the sole responsibility of respective carriers that will be in charge of the shipment/delivery.
8. SUBSCRIPTION PLAN LICENSING INFORMATION
Upon subscribing to our service, CAMADA® grants the Client a non-exclusive, non-transferable, revocable license to use CAMADA® design tool, the CAMADA® Playground, for the purpose of designing and validating models for 3D concrete printing. This license is for the Client’s personal use only and does not allow you to sublicense the design tool to any third party. The Client agrees not to reverse engineer, decompile, or disassemble the design tool, except as permitted by law. The Client also agrees not to create any derivative works from the design tool. This license will remain in effect until your subscription is terminated.
9. SUBSCRIPTION PLAN TERMINATION OF ACCOUNTS
CAMADA® reserves the right to terminate your subscription at any time if the Client breaches any of the terms of this agreement. Upon termination, the Client’s access to our service will be revoked and the Client’s account will be deactivated. The Client will not be entitled to any refund of subscription fees for the remainder of your subscription period. CAMADA® also reserves the right to pursue any available legal remedies against the Client for breach of this agreement. The Client may terminate their subscription at any time by providing CAMADA® with written notice. Upon termination by the Client, the Client will not be entitled to any refund of subscription fees, but the Client will not be charged any further subscription fees.
10. SUBSCRIPTION PLAN PERFORMANCE OF THE DESIGN SOFTWARE
CAMADA® provides a design tool on an “as is” and “as available” basis. CAMADA® does not guarantee that the tool will always function without disruptions, delays, or imperfections. CAMADA® is not responsible for the operation or performance of the design tool. The Client agrees to use the tool at your own risk and CAMADA® is not liable for any loss or damage arising from the operation or performance of the tool.
11. SUBSCRIPTION PLAN CHANGES TO FEATURES
CAMADA® reserves the right to add, remove, or change features of our service at any time during the Client’s subscription period. CAMADA® will make reasonable efforts to inform the Client of any significant changes that affect the Client’s use of the service. The Client’s continued use of the service after such changes constitutes the Client’s acceptance of the changes.
12. SUBSCRIPTION PLAN CHANGES TO PRICING
CAMADA® reserves the right to change the prices of the subscription plans available at the Website, at any time. CAMADA® will notify the Client in advance of any price changes. If the Client does not agree with the price changes, the Client has the right to reject the change by unsubscribing from the service before the price change goes into effect. The Client’s continued use of the service after the price change goes into effect constitutes the Client’s agreement to pay the changed amount.
13. RIGHT OF FREE RESOLUTION AND GUARANTEES
Any sale and purchase made at the Website can be freely resolved under the terms of article 10 of Decree-Law 24/2014, of February 14, with the Client being responsible for the operational costs of the return. To this end, the Client must cancel his order within a maximum period of 14 days.
Suppliers reserve their right not to accept any return sent postage paid or on delivery.
Clients will be reimbursed within a maximum period of 14 days from the date of receipt of the communication of the resolution, or the next business day after receipt of the return or proof of return of the order, depending on which occurs last.
Reimbursement of payments will be made through the same payment method used by the Client in the initial transaction. If the payment method used does not allow it, the refund will be made by bank transfer, for which Supplier may have to contact the Client to collect the necessary information, the actual refund depending on the Client’s cooperation on a timely and accurate manner. Reimbursements by bank transfer that are not possible due to the lack of response from the Client lapse within a period of 12 (twelve) MONTHS.
Returned products (for refund or exchange) must be in Sales Conditions, which means that they are returned in the exact same condition as they were delivered to Client’s hands, without any sign of use or manipulation. Products bearing, must have their quality, certification, authenticity, origin, certification or guarantee seals still intact and bearing - as well as any markings - INTACT and INVIOLATED.
If the value resulting from an exchange of products in an order is greater than the initial value of the order, the Client will have to pay the difference, using one of the payment methods available for the order.
If the value resulting from the exchange of products in an order is less than the initial value of the same, or in case of return, the Client will be reimbursed by one of the means indicated above.
Any items sent free of charge, in the form of offers, gifts or bonuses, will not be subject to any exchange, return or refund.
Any products that are engraved, personalized, custom-made, bespoke, made to fit requirements or technical specs, adapted or adjusted to a Client or that are manufactured at the Client’s request/selection, perishable products, as well as any underwear, bathing suits or the like, CANNOT BE RETURNED, pursuant to paragraph c) of article 17 of Decree-Law 24/2014, of 14 February.
Any digital products (if any) that are delivered with the respective download by the Client CANNOT BE RETURNED, under the terms of paragraph l) of article 17 of Decree-Law 24/2014, of February 14th.
Products purchased by the Client, within the scope of these GTC, which are considered consumer goods, will apply, with the necessary adaptations, the rules established by DL 67/2003, of April 8 (Guarantee regime for consumer goods).
The original invoice/pdf of the product sheet will always be required to activate the guarantee, as proof of purchase.
The guarantees do not apply to products that have been misused, namely that have been stored or assembled incorrectly, used improperly, damaged, altered or cleaned with improper methods or products. Warranties do not cover normal wear and tear or damage caused by impacts or accidents.
14. CLAIMS and DISPUTES RESOLUTION
CAMADA® has an electronic complaints book available from the Platform or at
In the event of a dispute, the Client - consumer - may resort to an Alternative Dispute Resolution Entity: [link]. More information is available at the www.consumidor.pt.
CAMADA® provides Clients with access to various contents of its own and to contents made available by third-party Suppliers (hereinafter the “Content”). CAMADA® reserves the right to modify the presentation, configuration and location of the Website and/or the respective Content at any time.
CAMADA® is not responsible, directly or indirectly, for any damages that may result: (i) from an eventual infringement of third party rights by the Content made available by its Suppliers; or (ii) of decisions or actions taken by the Client relying on said Content.
CAMADA® reserves the right to remove and/or block access to any Content if it understands that they: (i) are illegal; (ii) may mislead the Client; or (iii) may infringe third party rights.
The photographs of the products presented in the Website are merely illustrative. To that extent, CAMADA® recommends that the Client consult the detailed description of the product and, if necessary, that he directly contacts the Supplier that makes such a product to obtain complete and accurate information about the respective characteristics.
Although CAMADA® seeks to provide accurate and up-to-date information on its platform, inaccuracies, technical or real, involuntary and writing errors may occur. CAMADA® reserves the right, at any time and without prior notice, to make corrections and changes to the Website.
16. INTELLECTUAL PROPERTY
All Content on the Website is the intellectual property of CAMADA® and its licensors, and cannot be copied or reproduced, except to the extent strictly necessary to allow it to be read online.
The contents on the Website are produced by internal and external sources, so CAMADA® is not responsible for the lack of updating and/or inaccuracy of this information.
All texts, images, illustrations, photographs, brands and other elements on the Website are protected by copyright, trademarks and patents of CAMADA®, its licensors and Suppliers.
Client who has a site on the Internet and who wishes to place a link that leads directly to the Website, must obligatorily request authorization from CAMADA®.
Any and all links forwarding to the website and using the framing or in-Line linking technique are formally prohibited.
17. DATA PRIVACY
a) Personal Data
All personal data processed through the use of the Website will be treated in accordance with our Privacy and Cookies Policy here.
CAMADA® shall periodically update its Privacy and Cookies Policy and therefore it highly recommends that Client frequently revisits the same.
Cookies are files that are stored on the Client’s electronic device. You can find out more about the cookies we use and how we regulate them through our Cookies policy HERE.
CAMADA® shall periodically update its Cookies Policy and therefore it highly recommends that Client frequently revisits the same or checks out its cookies options that remain active on navigation and thereafter.
c) Marketing and electronic communications
CAMADA® and Suppliers are committed to keeping close to its Clients, seeking to offer them offers and information of interest in e-mails, SMS or newsletters sent directly to the points of contact indicated by the Client.
The Client has the possibility of CONSENTING or, on the other hand, OPPOSING to the processing of his personal data for marketing, promotional purposes, consumer profiling and sending/receiving information notes about CAMADA®, the Suppliers, 3D Products, machinery and other partner products, services that can be of interest to Clients.
To learn more about the processing of your personal data as well as the granting/objection of consent for said purposes, please pulse here.
Although the Website has secure areas in which information circulates encrypted, other personal data may circulate on an open network, not being protected against possible deviations. CAMADA® cannot be held responsible for the communication of passwords, confidential codes and any sensitive information that may eventually be diverted, advising the Client on a prudent and responsible use of the Internet and on a regulated and conscious practice in granting consents to economic agents for the collection and processing of personal data.
CAMADA® does not guarantee the availability and continuity of the functioning of the Website, therefore it will not be responsible under any circumstances for any damages that may result from the lack of availability or accessibility to the Website or the interruption of its functioning or computer failures, malfunctions, delays or blockages caused by deficiencies or overloads in telephone lines, data centres, the Internet or other electronic systems.
CAMADA® will also not be liable for damages that may be caused by third parties, through unauthorized interference beyond the control of CAMADA®.
CAMADA® does not guarantee the absence of viruses or other elements on the Website which may cause alterations or damage to systems, data or documents filed. Consequently, CAMADA® will not be liable for any damages of any nature that may derive from the presence of viruses or other external elements that may produce alterations in the Clients’ systems, data, documents or files.
CAMADA® does not guarantee that unauthorized third parties cannot access to data of internet traffic that may include the navigation history, preferences and/or any other data or information from Clients, even if such access was protected and is restricted. CAMADA® will not be responsible in any case for any damages and losses of any nature that may derive from such unauthorized or computer access or any other event of force majeure beyond the reasonable control of CAMADA®.
19. TERMS OF LIABILITY
CAMADA® will not be liable for (i) any losses that are not attributable to CAMADA’s direct and defaulting action or inaction, (ii) any business losses (including lost profits, lost revenue, contract or anticipated savings, loss of data or the costs of recovery of such data, loss of goodwill or unnecessary expenses incurred), or (iii) any indirect or consequential losses that were not reasonably foreseeable by either party at the time Client first created an account at the Website and made first acceptance of the GTC.
CAMADA® will not be liable for any delay or failure to perform its obligations under these GTC where such delay or failure is attributable to circumstances beyond its reasonable control or an event of force majeure. This provision does not affect the Client’s right to receive the products ordered or to obtain an adequate refund according to the impacts that in each case are in question and as determined by the Supplier.
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO CLIENTS THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS.
CAMADA® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE BY/THROUGH THE WEBSITE.
CLIENT EXPRESSLY AGREES THAT HIS/HER USE OF THE WEBSITE IS INFORMED AND AT HIS/HER SOLE RISK HAVING PONDED THE INTERNET RISKS, NAMELY THE RISKS OF EXPOSURE TO PHISHING AND/OR OTHER FINANCIAL FRAUD, SCHEMA, ATTACK OR ANY OTHER.
TO THE MAXIMUM EXTENT PERMITTED IN LAW, CAMADA® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CAMADA® DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE BY/THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED IN LAW, CAMADA® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER PRODUCTS/SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO CLIENTS BY/THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Nothing in these GTC or this Section is intended to limit or exclude CAMADA®’s liability for death or personal injury or any damages or losses arising from gross negligence or intentional fault.
The website may include advertising information or be sponsored by Suppliers or any other third parties. As permitted by law, CAMADA® cannot be held responsible for any error or inaccuracy contained in the advertising content of its sponsors and advertisers.
21. GOVERNING LAWS
The law applicable to these GTC and online transactions carried out using the Website is Portuguese law.
To resolve any and all emerging conflicts, from any contract entered into under these GTC, the Portuguese courts are competent or, alternatively, the RAL entity(ies) referred to above, in accordance with what may be agreed by the Parties .
CAMADA® reserves the right, whenever it deems necessary, to change, add or eliminate parts of these GTC, without prior notice.
CAMADA® advises Clients to periodically consult the present GTC. The continued use of the Website implies that Client read, understood and is in agreement to the applicable GTC then in force.
The invalidity or nullity of a provision of these GTC will not compromise the validity and effectiveness of the remaining provisions.
Last update: 02/03/2023