PREAMBLE:
a. These General Terms and Conditions of Online Sale, hereinafter referred to as [CONDITIONS], are agreed between Brumas & Cenários, Lda. with registered office at Estrada Regional nº16, 9545-301 Remédios, NIF 515710318 registered in Conservatoria do Registo Comercial de Ponta Delgada and people who using the site of Brumas & Cenários Lda, wish to and make purchases at the online store that will hereinafter be called [SITE].
b. These conditions apply exclusively to non-traders natural persons hereafter referred to as [USER], it being understood as such any natural person acting for purposes that do not belong to the scope of their professional, commercial, industrial or craft activity.
c. The USER must carefully read the general terms and conditions of sale, binding himself expressly to them by clicking on the “I accept the general terms and conditions of sale” button, whereby, if he does not agree, he must not place the order or purchase.
d. These general conditions shall not apply if it is verified by the order placed that the USER is not a final consumer, as defined in paragraph c) of Article 3 of Decree-Law No. 24/2014, of February 14.
e. Brumas & Cenários, Lda. reserves the right, without prior notice, to add, modify or change these general conditions of sale online, change the sale price, or modify or replace the products available, considering that the USER by making a new order or purchase accepts and expressly binds himself to the new general terms and conditions and sale prices.
1. DEFINITIONS
1.1. a SELLER, hereinafter referred to as [SELLER], is a legal entity or individual businessman who has products for sale on the SITE.
1.2. USER is a natural person acting for purposes which do not fall within the scope of his commercial, industrial, handicraft or professional activity and who, using the SITE, places orders for products or purchases products.
1.3. product or order: article contained in the SITE for sale online.
1.4. SPECIFIC PRODUCT: (article produced or sold in a personalized way)
1.5. ORDERED PRODUCT: Product ordered by a user that is not available in stock;
PRODUCTS AND PRICES
2. The COMPANY offers, through the SITE, a wide range of products for sale.
3. The offer for each of the products is limited to the existing stock.
4. All prices include VAT at the legal rate in force in the Autonomous Region of the Azores.
5. Prices are always presented in euros.
6. The images shown may not correspond exactly to the product presented. For technical reasons, the colors shown may also differ slightly from the actual colors.
7. In very specific cases, descriptions may contain errors and therefore the manufacturer’s description should also be consulted.
8. Products made to order [ORDER] take on average up to two weeks in case of stock rupture until they become available, or being specific products they may take longer.
9. The technical specifications, design or colors of the product are subject to change without notice.
10. 10. The SITE is updated with the utmost attention however it may happen that the information on the price may contain error, so Brumas & Cenários Lda, does not commit itself to the offer reserving the right to cancel the order if such an error occurs.
11. Brumas & Cenários Lda disclaims any responsibility for any other errors that may occur on the SITE, or if the SITE is inaccessible.
12. The weight of each of the products indicated on the SITE does not correspond to its exact weight, but to an approximate weight due to the weight of the packing materials used in its expedition.
PRODUCT OR ORDER REQUEST
13. Orders on the SITE can be placed 24 hours a day, 7 days a week, except in cases of force majeure failure.
14. While browsing the SITE, you may add to the shopping cart by pressing the “buy”/”add” button.
15. When you have finished selecting products, you can select the option, at the top of the SITE, “x products” / “Cart”, to make and complete the purchase.
16. In the “Shipping” field you can choose to pick up your order at our store in Ponta Delgada, located at Estrada Regional nº16, 9545-301 Remédios.
16.1 We deliver to the Azores Islands.
16.2. 16.2. With pickup at our store in Ponta Delgada there is no cost of shipping.
17. 17. Orders will only be accepted for delivery in the Azores.
18. After having introduced your personal data, also confirm the intention of placing the ORDER.
19. Once confirmed, the ORDER will be processed and cannot be cancelled, except for the right of resolution in terms of points 30 to 33.
20. Your ORDER will not be accepted and the contract is not concluded until you receive, by e-mail, the confirmation of acceptance of the order and make the payment.
21. Payment must be made when the ORDER is confirmed.
22. The accepted payment methods are: PayPal, ATM reference, Credit Card, MB Way or bank transfer;
ORDER DELIVERY
23. The ORDER will be delivered by courier (ctt, freight forwarder, ems or other service).
24. The expedition period will be, in principle, up to 48 hours on working days, from the date of reception and confirmation of payment of the ORDER by our company, except for stock rupture, in which case an alternative expedition period will be proposed, with the exception of personalized products, which may take longer to be personalized.
25. If there is no one at the indicated address, the ORDER will remain at the ctt station or freight forwarder of the address area for 3 working days, and after this period it will be returned to the company. After this period, the articles will return to Brumas & Cenários Lda and afterwards the client will be contacted and a new delivery will be scheduled.
WARRANTY
26. Items purchased on the SITE are guaranteed for two years, unless expressly stated otherwise.
27. To benefit from this guarantee, the USER must keep the invoice as proof of purchase.
28. THE COMPANY is only a reseller. All products sold by THE COMPANY are not manufactured by us. The product warranty is given by the respective manufacturer under the terms of the law and which the manufacturer is obligated to give and up to a maximum of 2 years from the date of purchase.
29. Should you encounter difficulties installing/using any product, first make sure that you are following all the instructions contained in the manufacturer’s instruction manuals. If the problem persists, contact the manufacturer or our company directly.
29.1 We do our best to get your product exchanged as soon as possible, but the resolution time is not up to us. All products that enter our facilities are tested and shipped within 48 hours. From then on it is the responsibility of the manufacturers and suppliers.
29.2 In the case of discontinued products, the exchange can be made for an equivalent or superior product currently on sale, but this exchange is the responsibility of the supplier or manufacturer, if it is not possible, a refund can be made.
Contract resolution and refunds
30. The USER has the right to cancel the purchase if he does not receive his product within 30 days and the shipping costs are the responsibility of the customer.
31. The USER may freely terminate the contract concluded and carried out on the SITE, under the terms of article 10 of Decree-Law No. 24/2014 of February 14, being the responsibility of the USER the costs or postage of the return. To do so, the User must within a maximum of 14 days from the date of receipt, to the address Estrada Regional nº16, 9545-301 Remédios exercising this right by sending a registered letter with acknowledgement of receipt.
32. In case of contractual termination, the customer has a maximum of 30 days from the date of receipt of the order to return to the company to the address in the previous requirement and indicated above, the product(s) purchased with all accessories and packaging(s), in excellent condition, without scratches or marks of use and the operating instructions along with a copy of the sales invoice and proof of order receipt and as explained
a)- Books strictly in their original condition, without signs of use, folds, marks, torn, creased or written pages;
b) – Movies, TV and Music: CD, DVD, Vinyl, etc. with packaging unopened and with seals intact;
c) – Software and Video Games with unopened packaging and with seals intact;
d) – Electronics (TV, Audio, Video, Computer, GPS, etc.) with products without signs of misuse. Return of the complete product, with all its components and accessories, instruction manual and original packaging in perfect condition;
e) – Clothes, Shoes and Complements in original condition and with all the packaging and labels;
f)- Remaining products with no sign of improper use. Return of the complete product, with all its components and accessories, instruction manual and original packaging in perfect condition;
The consumer loses the right of free resolution if the above conditions are not met.
33. Upon receipt of the returned order and all documents referred to in the previous point, the company will refund, preferably by the same method of payment if possible, within a maximum of 14 days, the amounts paid by the customer, without any expenses for him, except for return costs or postage.
34. Consumer Disputes
The European Union has created a website to assist consumers in presenting their complaints about any dispute in which they are involved. In this context, the COMPANY provides all the information so that you can exercise your right to complain to an official entity, third party and impartial to the process. Thus, if you are dissatisfied with the purchase of a good or service on our website, or with the solution presented by us to resolve the situation, you may access this official website https://ec.europa.eu/consumers/odr and expose your dispute.
35. All electronic messages sent while accessing the online store, including e-mails and messages through an internet browser, will be considered, for the purposes of the applicable law, as contractual statements.
36. Alternative dispute resolution is the possibility that all consumers have at their disposal to resort to official entities that help them in the resolution, or orientation of a conflict, before opening litigation in the courts. As a general rule, the procedure is as follows: the customer asks an impartial third party to intervene as an intermediary between him and the merchant who is the subject of his complaint. The intermediary can suggest a solution to your complaint, impose a solution on both parties, or bring the parties together to find a solution.
You may know the concept of alternative dispute resolution by another name: ‘mediation’, ‘conciliation’, ‘arbitration’, or ‘competent commission in the field of consumer disputes’.
Alternative dispute resolution is usually less expensive, less formal, and faster than the court route.
37. Suggestions for alternative dispute resolution entities:
Cniacc – National Center for Information and Arbitration of Consumer Conflicts
Centro de Arbitragem de Conflitos de Consumo de Lisboa (Lisbon Consumer Conflict Arbitration Center)
http://www.centroarbitragemlisboa.pt/
Arbitration Center for Consumer Conflicts of Vale do Ave / Arbitration Court
Ciab – Center for Information, Mediation and Consumer Arbitration (Consumer Arbitration Court)
Cicap – Consumer Arbitration Court
Final Provisions
38. All electronic messages sent during access to the online store, including e-mails and messages via an internet browser, shall be considered, for the purposes of applicable law, as contractual statements.
39. The COMPANY may send the customer information about new products, promotions or other information of interest to customers of the online store, if the customer has subscribed to the newsletter.
40. For any comments, or questions, please contact our customer service line at 962 374 325 or email geral@brumasecenarios.com.