Terms and conditions

General conditions of Sale

The current document includes the General Sales Conditions that regulate online purchases made on the website of Vieira Pinheiro, Unipessoal Lda, owned by Vieira Pinheiro, Unipessoal Lda., with headquarters at Travessa Marechal Humberto Delgado, n.º 64 – 4ºC, 4760- 012 Antas e Abade de Vermoim, Vila Nova de Famalicão, Braga, Portugal, with tax identification number (NIF) 515 935 662.

The products and services purchased on the Site are sold directly by Vieira Pinheiro, Unipessoal Lda. For any additional information you can contact Vieira Pinheiro, Unipessoal Lda. through the telephone number +351 252 218 219 or by e-mail to the e-mail address [email protected].

Vieira Pinheiro, Unipessoal Lda. suggests that you carefully read these General Conditions of Sale before making any purchase through its Site.

A) DEFINITIONS

a.1) Customer: the Consumer, as defined below.

a.2) Consumer: anyone, individual, of legal age or able to act under the legal terms to whom assets are supplied, services provided, any rights transferred or who place an order on the Vieira Pinheiro Website intended for non-professional use by person who carries out an economic activity with a professional nature aimed at obtaining benefits.

a.3) Seller: Vieira Pinheiro, Unipessoal Lda., headquartered in Travessa Marechal Humberto Delgado, n.º 64 – 4ºC, 4760-012 Antas e Abade de Vermoim, Vila Nova de Famalicão, Braga, Portugal, with identification number tax (NIF) 515 935 662, as owner of the Website and supplier of online sales products.

a.4) Price: the commercial compensation indicated in the order confirmation, including VAT.

a.5) Order confirmation: notice sent to the Customer via email, in which the final details regarding the purchase contract established between the Seller and the Customer are provided.

a.6) Product(s): the product(s) of the electronic catalog published on the website, as described in the respective product sheets and indicated in detail in the order confirmation.

B) COMMERCIAL POLICY – SCOPE OF APPLICATION

The mission is to promote and sell the products of Vieira Pinheiro, Unipessoal Lda., particularly in relation to B2C (Business to Consumer) Commerce with private consumers. Within the scope of its commercial policy, the Seller reserves the right to not process orders from individuals other than the Customer or if the orders don’t comply with the commercial policy.

The current Sales Conditions exclusively regulate the offer, transmission and acceptance of product orders between the Customer and the Seller through the Website (“Sales Conditions”).

The Sales Conditions don’t regulate the provision of services or the sale of products by persons other than the Seller who are present on the Site through any links, banners or other hyperlinks. Whenever an order is sent for the purchase of products and/or services from individuals other than the Seller, we suggest that the Customer checks the respective conditions of sale. The Seller isn’t responsible for the provision of services by third parties other than the Seller or for the completion of e-commerce operations between users and third parties.

These Sales Conditions are published on the homepage of the Site and can be consulted by the Customer at any time, before and during the placing of an order, and must be expressly accepted in order to proceed with the order.

C) HOW TO FINALIZE THE CONTRACT WITH THE SELLER

To terminate the purchase contract for one or more Products on the Site, the Customer must fill in the order form in electronic format, taking care to correctly enter the necessary data in said form, and send it electronically to the Seller, following the instructions indicated on the Site. In the event of any doubt, you must request additional information from the Seller.

In order to complete the purchase contract, registration on the Website is required: the Customer must create an account (the personal profile) by filling in the forms on the Website, taking care to correctly enter their necessary personal data in the electronic registration form, in order to be able to proceed with the purchase in an easier way, as well as future purchases, without having to fill in the entire form again.

The Customer, in any case, assumes responsibility for the accuracy and correctness of the personal data entered and sent to the Seller at the stage of registration and sending the order form. It is understood that any damage/delay/disturbance related to and/or attributable to the non-correction and/or non-veracity of the personal data introduced at the time of registration and/or subsequently altered cannot, in any case, be attributed to the Seller.

Before proceeding with the purchase of products through the order form, the Customer must carefully read the General Sales Conditions and the General Conditions of Use, as well as print and/or save a copy for possible future uses. In particular, before completing the online purchase and payment procedure, the Customer will be invited to consult and accept these Sales Conditions, as well as to print or save an electronic copy, and also to keep these Sales Conditions.

The contract is concluded when, after verification by the Customer of the data relating to the order, the Seller receives the corresponding order form electronically.

By sending the order form, the Customer fully accepts and undertakes to honor, before the Seller, the conditions of sale. If the Customer does not agree with any of the terms indicated, he is invited not to submit the order form for the purchase of products on the Site.

With the transmission of the order form, the Customer confirms that he knows and also accepts the subsequent information contained in the website, in the General Conditions of Use and in the information on the processing of personal data.

The order form will be stored in the Seller’s database for the period of time necessary for the processing of the order and also in accordance with the law.

The language available to the Customer to conclude the contract with the Seller is Portuguese.

Product prices may be subject to updates. The Customer is obliged to verify the final sale price before transferring the respective order form.

After the conclusion of the contract, the Seller will take care of the corresponding purchase order.

The Seller may not process purchase orders sent by the Customer that do not offer sufficient guarantees of solvency or if the latter’s data are incomplete or incorrect. In these cases, the Seller will inform the Customer, by email, of the non-completion of the contract, indicating the reasons why it was not possible to proceed with the order.

In general, all articles gifts on the site are available immediately. However, the Seller cannot, in any case, be held responsible for the temporary unavailability of one or more products. In the case of specific products presented on the website that are no longer available or for sale, after sending the order form, the Seller must inform the Customer, before the Order Confirmation, of said unavailability. Except as stipulated below (see the section “Right of free resolution”), the sending of the order form by the Customer serves as acceptance, even in a possible partial delivery, limited to the products available within the scope of the products ordered, as well as a waiver to receive the that title compensation and/or indemnity. If the Customer has already paid for the entire order, the Seller will refund the part corresponding to the unavailable products, in accordance with the refund method described (see the section “Times and refund methods”).

Upon completion of the contract, the Seller will send the Customer, to the email address and in the language indicated on the order form, a confirmation of shipment of the order, with a summary of the information contained in the form. This document is not the Order Confirmation, which will be sent later, at the time of actual dispatch of the Products.

At the time of actual dispatch of the products contained in the order form, the Seller will send the Order Confirmation to the Customer to the e-mail address and in the language indicated. This document will have the list of products actually purchased, accompanied by their main characteristics, including those relating to the price with VAT.

D) WARRANTY AND AFTER-SALES ASSISTANCE INTERVENTIONS

The products offered on the Vieira Pinheiro, Unipessoal Lda. are exclusively high quality products.

The essential features of the products are indicated on the Site, on the Product Details page. The images and colors of the products offered for sale may, however, not correspond to the real ones due to the Internet browser and the monitor used. In this way, it’s understood that, according to the respective indications on the label, the Customer will not be able to present any claim in contacts with the Seller if the manufacture of the Product delivered doesn’t match the image of the Product presented on the Site in terms of colors/shape/ dimensions. The Seller reserves the right to change the manufacture of the Product at any time.

The Seller pays the maximum attention to respecting the description presented on the website in relation to that indicated on the label present in the manufacture of the products. In any case, we point out that, if differences are found, the label and indications of use of the Product supplied by the Supplier prevail.

Upon delivery by post of the purchased Product, the Customer is invited to verify that the number of packages delivered corresponds to that indicated on the transport document, that the packages are intact, that they aren’t wet or haven’t been modified, as well as the packaging. Upon receipt of the Products, the Customer must:

– ensure that the packaging is intact. Otherwise, you must NOT remove the Products, you must make a photographic record of the same and must return it to the post office. When this happen, the Customer must immediately communicate with the Seller and send the respective photographic record, in order to proceed with the fast resending of the purchased goods;

– sign the receipt document presented by post, always introducing the phrase “ACCEPTED UNDER RESERVATION”. This way it will be simpler and faster to obtain any refunds for damages attributable to transport;

– photograph the packaging – if the Products received are damaged or incomplete/inaccurate – on the outside and inside. In the event of a refund request, Seller may request such material to verify the problem.

After signing the mail document, the Customer will not be able to present any dispute about the external characteristics of the delivered products and the risk of loss or damage to the Products will be transferred, for all purposes, to the Customer.

The Seller is responsible to the consumer for any defect existing at the time of delivery of the product and sometimes hidden. The Customer may request the activation of the warranty, through the website of Vieira Pinheiro, Unipessoal Lda. or by telephone (252 218 219) within 14 calendar days after the date of receipt of the products (for obvious defects) or the discovery of the defect (for hidden defects), specifying the reason “warranty for non-conforming product”, the order code and the reason for the complaint. The Seller, after verifying the above, will indicate to the Customer the procedure foreseen for the repair or replacement of the product under warranty.

Seller is not responsible or liable for any indirect, intangible or collateral damages, including (without limitation): loss of profits, loss of income, production limitations, administrative or personal costs, loss of customers or legal actions of third parties. The guarantee in question is valid only for products purchased by a Customer residing within the Portuguese territory.

The guarantee of conformity of the products is reserved to the Customers of the site. It only applies to users who have made a purchase on the Site in a context outside the business, commercial, artisanal or professional activities that may have been developed. People who have purchased on the Site and who do not have the status of Customers will apply the guarantee for defects in the item sold, the agreed and essential quality defect guarantee and other guarantees provided for in the civil code, in the respective terms, prescriptions and limitations. Any failures or malfunctions determined by accidental events or the responsibility of the user, or a use of the product that does not comply with its intended use and/or in relation to that provided for in the instructions for use of the product, and in cases where the products are not stored in inappropriate places or exposed to bad weather, dirt or contaminating agents.

E) ORDER CANCELLATION

Notwithstanding the provisions regarding free resolution, it is possible to cancel orders that have not yet been processed (marked with the status “in process” or “awaiting payment”) by contacting Customer Service via email to the email address [email protected] or by calling 252 218 219.

It is not possible to cancel an order once the shipping process has started.

In the event that, at the time of canceling an order, the corresponding payment has already been made, it will be necessary to contact Customer Service to proceed with the refund procedure (as described in the section “Times and method of refund”).

F) PAYMENTS

 Seller will only accept payments in Euros.

For the payment of the price of the products and the respective shipping and delivery costs, the Customer may use one of the methods indicated in the order form.

In case of payment by credit card, the entire payment procedure will be managed with complete security, and the Seller will not be in possession of any sensitive information (for example, the complete credit/debit card number or the safety).

The description must contain the order code communicated by the Site in the Order Confirmation email, a process that may take up to 3 (three) business days.

The transfer must be made within 6 (six) days after sending the order form. After this period, the Seller cannot guarantee the availability of the ordered goods.

G) PRODUCT SHIPMENT AND DELIVERY

The Seller sends the products to mainland Portugal through the carriers, primarily by express courier. Delivery will take place, via express mail, in 2-5 working days (or from Monday to Friday) for the whole country, with the exception of the islands, through CTT, from the receipt of the order form. In any case, the Seller reserves the right to deliver the ordered products within a maximum period of 30 days from the order confirmation email.

The Seller undertakes to do everything necessary to respect the delivery times indicated above, but cannot, in any case, be held responsible for damages or inconvenience caused by any delays.

The cost of any shipment associated with an order varies based on the following parameters: the place of destination and the total weight of the Products purchased in a single order, and will be indicated in the course of the order shipping procedure in the Order Confirmation.

All costs mentioned include VAT, in accordance with applicable legislation.

The Customer is requested to always check the number and integrity of packages. In the event of an anomaly or damage, the claim must be made immediately to the carrier, refusing delivery and immediately informing the Customer Service of what has happened. Replacement and return costs will be borne entirely by the Seller.

It is understood that delivery via express shipping is carried out at street level, and will be carried out, unless otherwise stated, from Monday to Friday during normal business hours (8:00 am to 7:00 pm), excluding national holidays.

H) RIGHT OF FREE RESOLUTION

The Consumer Customer has the right to terminate the purchase contract for any reason, without the need to provide explanations and without any penalty, under the terms and in the manner indicated in the following articles. To exercise the right of withdrawal, the Customer must send the Seller a communication to that effect to the Customer Service, within 14 days after the date of receipt of the Products in respect of which the right of withdrawal is exercised, by contacting the Customer Service by phone on 252 218 219 or by email to [email protected].

Upon receipt of the communication of the resolution, the Seller, after verifying compliance with the terms of evaluation of the right to resolution, will send, through the Customer Service, an “opening of return” email to the Customer, containing the procedure product refund (see “return procedure by free resolution”).

The Product to be returned must reach the Seller within 14 days after receiving the communication of the opening of the return by resolution.

After receiving the products, the Seller will open a refund procedure (see Refunds) if, and only if, the products have been shipped in accordance with the predefined terms (in relation to the date, count the postmark or the date of delivery in a possible mail) and if the products are perfectly intact, in their complete original packaging (product packaging undamaged, containing all auxiliary documentation such as warranty, manuals, etc.) and repackaged in such conditions as to be able to be placed sale.

In the event of a termination communicated by the Customer in accordance with the method provided for in the previous article, the Seller will reimburse the Customer for all amounts of this last payment, including the values ​​of the delivery costs of the Products (except for the Ancillary Services), if applicable, in the period of 14 days after receiving the communication of resolution sent by the Consumer Customer. Shipping costs are borne by the customer. The Seller offers the possibility to collect the product by express mail, directly at the address indicated by the customer, at a cost of € 10.00, which will be deducted from the total amount of the refund. The shipment, after confirmation of receipt at the store indicated by the Seller, is the sole responsibility of the Customer. Upon arrival at the address indicated by the Seller, the Product will be examined for possible damage or tampering not caused by transport. If the package and/or the original packaging is damaged, the Seller will deduct from the refund due a percentage equal to the respective loss of value of the Product.

Regardless of the correspondence between the recipient of the Products indicated in the order form and the one who made the payment, the refund of the amount will always be carried out by the Seller in favor of the person who made the payment (identified as the holder of the credit card used for the purchase or the holder of the current account from which the bank transfer used for the purchase is made). The Seller, also in accordance with the Consumer Code, reserves the right to withhold the refund until it has received the Products to be returned or if the Customer cannot prove that the Products have been shipped.

It is understood that the Right of Free Resolution is exercised correctly when the following conditions are fully respected:

– the email containing the request for assessment of the right of free resolution has the order code;

– the products relating to the order in which the right of free resolution is exercised are sent to the Seller in a single shipment. The Seller reserves the right not to accept products in an order shipped and shipped at different times.

In relation to the characteristics of the Products, the possibility for the Customer to exercise the right of withdrawal is excluded in the following cases:

– use and/or opening, even partially, of the Product and/or its packaging;

– damage to the Product due to causes beyond its transport.

In this case, if they are sent to the Seller, the Products remain deposited in the Seller’s warehouse at the disposal of the Customer, to be collected at their own risk.

I) RETURNS

The return procedure is opened only after a request from the Customer to exercise the right of free resolution. In any case, after the Customer’s request, the Seller will verify the effective existence of the necessary conditions for opening a return procedure.

After opening a return procedure, the Seller will send the Customer an email with a description of how to return the product.

Shipping costs are borne by the customer. The Seller makes available the possibility of collecting the product by express mail, directly at the address indicated by the customer. The Customer will be available to go through the mail on a working day, at the address given to him.

The returned package must contain a copy of the Order Confirmation sent to the email address indicated by the Customer or of the packing slip present in the package at the time of receipt. Under no circumstances will a cash on delivery package or postage payable package be collected.

J) TIMES AND METHODS OF REFUND

A refund procedure can be related to two different situations:

j.1) reimbursement of the global amount related to an order for which the right of free resolution has been exercised;

j.2) partial refund for an order for which one or more products are unavailable.

Regardless of the payment method used by the Customer, and except when indicated in terms of resolution, the refund is activated by the Seller in the shortest possible time and always within 30 (thirty) days after sending the Order Confirmation (in in case of partial refund due to the unavailability of one or more products) and 14 (fourteen) days after receipt of the Communication of free resolution (in case of resolution), using whenever possible the same payment channel that was made for the order .

Regardless of the correspondence between the recipient of the products indicated in the order form and whose purchase price due has been paid, the refund of the amount will always be made by the Seller in favor of the person who made the payment (identified as the holder of the credit card used on the purchase or the holder of the current account from which the bank transfer used for the purchase is made).

L) PRIVACY

Information on privacy can be found in the information on the processing of Personal Data and in the Privacy Policy, which is an integral part of these Conditions of Sale.

For any other information about the privacy policy, it is possible to send a specific request to the following email address: [email protected] .

M) APPLICABLE LEGISLATION AND CONFLICT RESOLUTION

These Sales Conditions are governed by Portuguese legislation and, in particular, by the Consumer Law.

N) CHANGES AND UPDATES

These Sales Conditions are amended from time to time, taking into account any legislative changes. The new General Sales Conditions will come into force on the date of their publication on the website. For any conflict that may arise in relation to these Sales Conditions and the supply of any order, respectively, verified and presented under them, if the Customer is a Consumer, the court of the Customer’s place of residence or domicile will be competent. Consumer, if located in Portuguese territory.

The Sales Conditions are intended for all users who access, use and/or register on the website of Vieira Pinheiro, Unipessoal Lda.

Access to and use of the website, as well as the purchase of products, presuppose the reading, knowledge and acceptance of these General Conditions of Use.

O) RIGHT OF FREE RESOLUTION

Vieira Pinheiro, Unipessoal Lda. undertakes to comply with the terms of Decree Law 24/2014, of February 14th.

Vieira Pinheiro, Unipessoal Lda. is a member of the Vale do Ave Information, Mediation and Arbitration Center. In the event of a dispute, the consumer may resort to this Dispute Resolution Entity. More information at the Consumer Portal www.consumidor.pt.

Updated on December 27, 2021