1. Identification of the Trader
This website is operated by:
CLUBE DE PRATICANTES DE JIU-JITSU BRASILEIRO DELARIVA, legal entity registered in Portugal under NIF/VAT number 902278860, with registered office at Rua de Santo André, 19 RCDT, Esgueira, Aveiro, 3800-388, Portugal, hereinafter referred to as “Delariva Store”, “we”, “us” or “our”.
Contact details:
Email: contact@delarivastore.com
Telephone: +351 234 304 072
2. Purpose and Scope
These General Terms and Conditions govern:
- access to the website;
- browsing and use of the online store;
- orders placed through the website;
- distance sales transactions between Delariva Store and its customers.
These terms are intended to comply with applicable Portuguese and European Union legislation on distance contracts, consumer rights and e-commerce, including Portuguese Decree-Law No. 24/2014, Directive 2011/83/EU on consumer rights and other applicable legislation. (PGD Lisboa)
3. Acceptance of the Terms
By accessing the website, creating an account, placing an order or completing a purchase, the customer confirms that they have read, understood and accepted these General Terms and Conditions.
If the customer does not agree with these terms, they should not use the website or place an order.
4. Nature of the Legal Relationship
Any purchase made through Delariva Store constitutes a distance sales contract between the customer and Delariva Store.
The contract is concluded electronically and is governed by applicable Portuguese and European Union consumer protection rules.
5. Products and Dropshipping Fulfilment Model
Delariva Store sells products related to Brazilian Jiu-Jitsu, martial arts, sportswear, training equipment, accessories and other related products.
Delariva Store may sell:
- products directly managed by Delariva Store;
- products manufactured by third parties;
- products fulfilled through external logistics partners;
- products shipped under a dropshipping model.
Important Notice on Dropshipping
Delariva Store operates, in whole or in part, through a fulfilment and dropshipping model. This means that certain products may be processed, packed and shipped directly by third-party suppliers, manufacturers, warehouses or logistics partners.
As a result, the customer acknowledges that:
- products may be shipped from different countries;
- different products in the same order may arrive separately;
- delivery times may vary depending on supplier location, stock and carrier performance;
- packaging may differ from standard Delariva Store packaging;
- tracking information may be provided by third-party logistics operators;
- some products may be subject to customs checks, import procedures or local charges where applicable.
However, the use of dropshipping or third-party fulfilment partners does not remove Delariva Store’s legal responsibility towards the consumer. Delariva Store remains the contractual seller and remains responsible for handling consumer rights, complaints, legal guarantees, returns and refunds in accordance with applicable law.
6. Product Information
Delariva Store endeavours to ensure that product descriptions, photographs, prices, sizes, colours and availability information are accurate and up to date.
However, minor differences may occur due to:
- screen display settings;
- supplier catalogue updates;
- manufacturing variations;
- packaging changes;
- product improvements or substitutions made by suppliers.
Such differences do not affect the customer’s statutory rights.
7. Availability of Products
All products displayed on the website are subject to availability.
Delariva Store reserves the right to cancel an order, in whole or in part, where:
- the product is unavailable;
- the supplier cannot fulfil the order;
- there is a stock or catalogue error;
- there is a pricing or technical error;
- the order appears fraudulent or abusive.
In such cases, the customer will be informed and, where payment has already been made, a full refund will be issued for the unavailable item.
8. Formation of the Contract
The sales contract is formed when:
- the customer places an order through the website;
- the customer completes payment;
- Delariva Store sends an order confirmation email.
An automatic order confirmation does not prevent Delariva Store from cancelling the order where there is a legal, technical, logistical or stock-related reason to do so.
9. Prices, Taxes and Charges
Prices are displayed in the currency indicated on the website and include VAT where legally applicable.
Additional costs, such as shipping fees, will be displayed during checkout before the order is confirmed.
For orders shipped outside the European Union, or from international suppliers to certain destinations, customs duties, import taxes or administrative charges may apply. Unless expressly stated otherwise, such charges are the responsibility of the customer.
10. Payment
Payment must be made through the payment methods available at checkout.
Delariva Store may use third-party payment processors. Payment information is processed securely by such providers and Delariva Store does not store full card details.
Delariva Store reserves the right to refuse, suspend or cancel orders where payment is not authorised, is reversed, appears fraudulent or raises security concerns.
11. Delivery and Shipping
Delivery times shown on the website are estimates only.
Because Delariva Store may operate through dropshipping and international fulfilment partners, delivery times may vary significantly depending on:
- product origin;
- warehouse or supplier location;
- customs controls;
- carrier delays;
- seasonal demand;
- force majeure events;
- international logistics conditions.
Delariva Store shall make reasonable efforts to ensure that orders are processed and dispatched within the estimated timeframe, but delivery dates are not guaranteed unless expressly confirmed in writing.
12. Separate Shipments
Where an order contains multiple products, the customer acknowledges that these products may be shipped separately.
This may happen where products are fulfilled by different suppliers, warehouses or logistics partners.
Separate shipments do not constitute a breach of contract and do not automatically entitle the customer to cancel the full order, without prejudice to their statutory rights.
13. Customs, Import Duties and Cross-Border Shipping
Where products are shipped internationally, the customer may be required to provide additional information to customs authorities or carriers.
Delariva Store is not responsible for delays caused by customs inspections, import controls or local administrative procedures.
Where applicable, customs duties, import VAT or local handling fees may be charged by local authorities or carriers. These charges are not controlled by Delariva Store unless expressly included in the checkout price.
14. Transfer of Risk
For consumer purchases, the risk of loss or damage to the goods passes to the consumer when the consumer, or a third party appointed by the consumer, physically receives the goods.
Where the customer independently appoints a carrier not offered by Delariva Store, the risk may pass in accordance with applicable law.
15. Right of Withdrawal
Consumers have the right to withdraw from a distance sales contract within 14 days without giving any reason, in accordance with applicable consumer protection legislation. Portuguese Decree-Law No. 24/2014 regulates distance contracts, and EU Directive 2011/83/EU sets out consumer rights rules for distance and off-premises contracts. (PGD Lisboa)
The withdrawal period normally expires 14 days after the day on which the consumer, or a third party indicated by the consumer, receives the goods.
To exercise this right, the customer must contact Delariva Store at:
16. Exceptions to the Right of Withdrawal
The right of withdrawal may not apply, or may be limited, in cases provided by law, including but not limited to:
- personalised or customised products;
- products made to the customer’s specifications;
- sealed goods which are not suitable for return for health protection or hygiene reasons once unsealed;
- products showing signs of use beyond what is necessary to inspect their nature, characteristics and functioning;
- digital content or services, where applicable and where performance has begun with the consumer’s prior consent.
Examples may include personalised uniforms, customised academy products, name-printed items, hygiene-sensitive sportswear or sealed products opened after delivery.
17. Returns and Refunds
Returned products must be sent back in appropriate condition, preferably in their original packaging, with all accessories, labels and documentation.
The customer may be responsible for return shipping costs unless otherwise required by law or unless the product is defective, incorrect or non-conforming.
Refunds will be processed using the same payment method used for the original transaction, unless otherwise agreed.
Delariva Store may withhold the refund until the returned goods have been received or until the customer provides evidence that the goods have been sent back, in accordance with applicable law.
18. Legal Guarantee of Conformity
Products sold to consumers are covered by the legal guarantee of conformity provided under applicable Portuguese and European Union law.
Under Portuguese Decree-Law No. 84/2021, consumers have rights in case of lack of conformity of goods, including remedies such as repair, replacement, price reduction or termination of the contract, depending on the circumstances. (Diário da República)
Where a product is defective, damaged, incorrect or not in conformity with the contract, the customer should contact Delariva Store as soon as possible at:
19. Complaints
Customers may submit complaints by email to:
Complaints should include:
- order number;
- customer name;
- description of the issue;
- photographs or evidence where relevant;
- preferred resolution, where applicable.
Delariva Store will assess the complaint and seek an appropriate solution in accordance with applicable law.
20. Limitation of Liability
To the fullest extent permitted by law, Delariva Store shall not be liable for indirect losses, loss of profit, loss of business opportunity, reputational harm or consequential damages arising from the use of the website or products.
Nothing in these terms excludes or limits liability where such exclusion or limitation is not permitted by law, including mandatory consumer rights.
21. Customer Responsibilities
The customer is responsible for:
- providing accurate billing and shipping information;
- ensuring that delivery details are complete and correct;
- checking product descriptions, size guides and compatibility information before ordering;
- being available to receive the order;
- complying with local import requirements, where applicable.
Delariva Store shall not be responsible for delivery failures caused by incorrect or incomplete customer information.
22. Force Majeure
Delariva Store shall not be liable for failure or delay in fulfilling its obligations where such failure or delay results from events beyond its reasonable control, including:
- natural disasters;
- war or armed conflict;
- strikes or labour disputes;
- pandemics or public health emergencies;
- customs restrictions;
- transport interruptions;
- supplier disruptions;
- cyberattacks;
- governmental measures;
- global logistics interruptions.
23. Intellectual Property
All website content, including texts, images, logos, product names, design elements, graphics, photographs, videos, layout, trademarks and commercial identity, is protected by intellectual property laws.
The Delariva name, brand and identity may not be used, copied, reproduced, adapted, distributed or commercially exploited without prior written authorisation.
Unauthorised use may result in civil liability and, where applicable, criminal liability.
24. User Accounts
Where the website allows account creation, the customer is responsible for maintaining the confidentiality of their login credentials.
Delariva Store may suspend or delete accounts used for fraudulent, abusive, unlawful or brand-damaging purposes.
25. Privacy and Personal Data
Personal data is processed in accordance with the Delariva Store Privacy Policy and applicable GDPR rules.
Where dropshipping or third-party fulfilment is used, customer data necessary for order fulfilment may be shared with suppliers, logistics partners, carriers or fulfilment providers.
Only the data necessary for the fulfilment of the order shall be shared.
26. Online Dispute Resolution and Alternative Dispute Resolution
Consumers may have access to alternative dispute resolution mechanisms in accordance with European Union rules. Regulation (EU) No 524/2013 established rules concerning online dispute resolution for consumer disputes. (EUR-Lex)
Customers are encouraged to contact Delariva Store first so that an amicable solution may be sought:
27. Amendments to These Terms
Delariva Store reserves the right to amend these General Terms and Conditions at any time.
The version applicable to the customer’s order shall be the version published on the website at the time the order is placed.
28. Applicable Law and Jurisdiction
These General Terms and Conditions shall be governed by Portuguese law.
In the event of a dispute, the competent courts shall be those determined under applicable law, without prejudice to mandatory consumer protection rules and the consumer’s right to bring proceedings in the jurisdiction provided by law.
Where legally permissible, and without prejudice to mandatory consumer rights, the courts of the district of Aveiro, Portugal, may be competent.