GENERAL SALES CONDITIONS
A - SCOPE TO 1. These general conditions of sale regulate and establish the business relationship between Decatilum and its customers. A.2. In everything that does not contradict the present conditions of sale, relations with consumers are regulated by special legislation. A.3. All orders and purchases made with Decatilum, have as essential assumption the full knowledge by customers of these general conditions of sale, and may not, under any circumstances, appeal to their ignorance. A.4. These general conditions of sale may not be subject to restrictions or limitations by customers, except with the express agreement of Decatilum.
B – GENERAL CONDITIONS
The. Budgets and Orders to 1. The prices set by Decatilum are unitary, not including the amount of taxes, unless expressly stated. b.2. Prices quoted in the quotations are valid for a period of up to 30 days, except for Decatilum, after receiving the quotation from the client. b.3. Prices fixed by Decatilum may be changed without prior notice in relation to price lists or, in the case of quotations sent, after the expiry of the period of validity. b.4. After a period of 30 days without the customer having sent the order, or accepting the quotation, all agreed terms and conditions expire. b.5. Acceptance of the budget takes effect upon receipt by Decatilum of the respective purchase order, or an act that unequivocally expresses its acceptance, namely by sending an e-mail message. b.6. Decatilum reserves for itself the ownership of all goods supplied up to the moment of the full and full payment of the price. b.7. The customer is not entitled to regret, and in the event of subsequent rejection, the customer shall pay all costs and expenses borne by Decatilum up to that point. b.8. Orders are not accepted for goods that do not reach the quantity contained in their packaging and that cannot be sold separately or separately. b.9 In the event that the customer has accepted the delivery of the agreed value by way of security, or in the adjudication, Decatilum is exempt from the obligation of reimbursement if the customer withdraws from the order, without presenting a valid reason. and proven by Decatilum.
b.10 In the event that the customer has accepted the delivery of the agreed value by way of security, or in the award, Decatilum shall be exempt from the obligation of reimbursement if the customer withdraws from the order, without presenting a valid reason. and proven by Decatilum.
c.1. Orders directed to Decatilum are subject to stock availability in the warehouse.
c.2. If Decatilum does not have, at the moment, the ordered items or the desired quantity, it shall inform the customer of such situation, as well as of the expected product replacement deadline.
c.3. If the replacement period for the product and / or its quantity is expected to exceed the 20-day period, the customer may withdraw from the purchase order, and must do so in writing.
c.4. The delivery time of the goods will be expressed in the respective budget or invoice, starting after the receipt of the purchase order, signed by the customer.
c.5. If the deadlines are not met by a fact not attributable to Decatilum, Decatilum does not undertake any kind of reparation or compensation for damage caused.
c.6. Decatilum may terminate the contract for non-payment of the price even if the goods have already been delivered to the customer.
c.7. The risk of perishing or deterioration of the goods is transferred from the moment of delivery to the carrier.
c.8. In sale with installment payments, the non-payment of one installment, even if it does not exceed the eighth part of the price, means the expiration of all installments.
D. Complaints, Repairs, Replacements and Returns
d.1. All repair requests must unambiguously identify the customer, the product to be repaired, their serial number, the existence of any accessory, a copy of their invoice and the description of the malfunction / problem.
d.2. It is the sole responsibility of the customer to ship, pack and pack the products to be repaired, as well as any costs related to their transportation.
d.3. Repair is under warranty whenever:
i. the product is within the warranty period of 6 months;
ii. proof of purchase, including invoice, is presented;
iii. The product has not been misused, mishandled, installed incorrectly or in violation of the instructions for use. d.4. Warranty repair requests that are not properly accompanied by a copy of the purchase document will be treated as normal repairs, at the cost of the customer.
d.4. Decatilum only accepts return requests only when it is not possible to repair them, either objectively or because the costs are disproportionate to the value of the thing or, alternatively, when its replacement is not possible. d.5. In case of return, Decatilum may charge amounts that are necessary for the replacement of the goods in stock. d.6. The product to be returned must meet the following requirements for Decatilum to accept it: i. The product and all its accessories shall not show signs of improper handling; the packaging and its manuals must be in perfect condition; The product may not have been the subject of specific or actual production or alteration of characteristics that would impede its normal commercialization. d.8. In case of any non-conformity between the requested merchandise and the delivered, in particular in relation to quantity, shall customer to lodge a written complaint within 8 days from the respective discharge. d.9. In case of any non-conformity between the delivered goods and the waybill, the customer must place the respective reservations on the waybill, as well as make the respective complaint, in writing, within a maximum of 8 days from the respective unloading. d.10. After the deadline set in the previous paragraph, the customer's right of complaint lapses. d.11. The defect in the operation of the goods must be reported to Decatilum within the warranty period of 6 months from receipt and up to 10 days after knowledge. d.12. If the customer, at the time of receipt of the goods, or within the deadlines set out in the preceding paragraphs, finds the existence of nonconformity or defect of the goods, he warns Decatilum in writing of this fact, obliging to keep the goods as it is. is until its inspection and verification by Decatilum. d.13 In the course of the foregoing paragraph 12, the customer is solely and exclusively responsible for the storage of the claimed material, until it is picked up by a representative of Decatilum, ie, otherwise agreed to be sent to Decatilum facilities. d.14. The inspection by Decatilum is carried out within 15 working days from receipt of the communication of the nonconformity or defect.
C – JURISDICTION
In case of dispute arising from the interpretation, validity and enforcement of these conditions of sale, as well as from the execution of contracts with customers, the Judicial Court of the District of Porto is competent to settle the dispute. Porto, October 31st September 2019