Preamble
The website is owned by Abilheira & Cunha company in its entirety and all the afferent rights. Any reproduction, full or partial, will be subject to the owners authorization. However, the type of hypertext links to the site are authorized without specific requests.
1. Acceptance of Terms
Customer acknowledges that it became aware at the time of ordering, of the sale's specific conditions and expressly declares to accept them without reservation.
These sale's general conditions manage the contractual relationship between Abilheira & Cunha and its client. These sale's general conditions prevail over all other conditions contained in any other document, except exemption preliminary, express and written.
We reserve the right to periodically change these terms without prior notice. The applicable version of the conditions to your order will be as published in www.viportuguese-shop.com at the time of your order.
2. Products
The photographs illustrating the products do not enter into the contractual field. If there are errors, it will never be Abilheira & Cunha responsibility. Most products presented to customers by Abilheira & Cunha are available in the corresponding supplier.
3. Colors
We make every reasonable effort to ensure that the representation of the products attributes, including the composition and colors, be as accurate as possible. The color you see will depend on your computer system, and we can not guarantee that your computer displays colors accurately.
4. Order
Automatic registration systems are considered as proof of the nature, of the content and date of order. Abilheira & Cunha confirms the acceptance of the order to the customer through the provided email address.
In accordance with the law of March 13th, 2000 on the electronic signature, the order form signed by the consumer by "double click" constitutes an irrevocable acceptance, called into question only in limited cases provided in these sale's general conditions, such as "right of return "and" disruption of stocks. "
"The double click" associated with the authentication procedure and messages integrity protection, constitutes an electronic signature. This electronic signature has value of handwritten signature between the parties.
Abilheira & Cunha reserves the right to cancel any order from a customer with whom there is a dispute over a previous order payment.
The information listed by the buyer when making the order, commits him in case of errors such as recipient's data and destination, which make it impossible for the seller to deliver the product. The information listed by the buyer when making the order, commits him in case of errors such as recipient's data and destination, making it impossible for the seller to deliver the product.
5. Delivery
After order confirmation, Abilheira & Cunha commits to transmitting at its carrier, Chronopost, all references available within a maximum of 48 hours. This carrier commits by contract with Abilheira & Cunha, to deliver the order at the address provided within 72 hours.
In the case of a delivery, in counter-reimbursement system, the client commits to hand over to the carrier or its representative the entire sum indicated on the order.
For deliveries outside of Portugal, the client commits to assume all fees related to the products importation, customs duty, value added tax and others, under the country receipt laws. Abilheira & Cunha freed itself from any legal liability if the payment of the fees is not made by the customer.
All costs relating to shipping fees varies according to the reception country. Shipping costs include the cost of preparing and sending the package.
The client must check the conditions of the delivered product.It has a period of 48 hours to make any claims with the carrier in case of failure to deliver or order degradation. In the case of apparent defects, the buyer benefits from the right of return as provided herein.
All orders requested to Abilheira & Cunha are for the consignee personal use, being forbidden any partial or total resale of the products.
Are considered as cases of force majeure, which releases Abilheira & Cunha from its obligation to deliver, war, riot, fire, strikes, accidents and bad weather restricting the circulation-
6. Returns
You have 15 days from receipt of the order to send us a complaint. In the case of exchange or refund, the item must be returned in its original packaging, intact and accompanied by all accessories and documentation to the following address:
Abilheira & Cunha - Têxteis, Lda
Rua Nova do Corujo, Lt. 2
Vila Boa S. João
4750-784 Barcelos
Portugal
In the case of right of return, Abilheira & Cunha reimburse the expenses paid by the customer, except for the product return shipping charges. The refund is made within a maximum of 15 days. For any product return, the customer is required to pay the product return shipping charges, ie the sum of € 12.00 CTT, by bank transfer to the account with IBAN PT50 0035 0135 00101315 730 23 and BIC CGDIPTPL, of Caixa Geral de Depósitos..
There are no refunds for products with a discount or in sale. A discount voucher will be issued and can be used for future purchases.
7. Price
The price of the items is indicated in Euros and does not include shipping costs.
The price displayed on the order confirmation is the definitive price, including all taxes and VAT. The price includes the product price and shipping charges and any other fees.
The prices of the products are those defined in the VIP online store, apart for exceptions where it becomes clear that there is an error. VIP does everything to guarantee the accuracy of the prices of the products displayed, however errors can occur. If an ordered product is detected where the price does not correspond to its real value, the customer will be informed as soon as possible and will have the possibility to confirm a new order with the correct values. In case the customer does not agree or contact is not possible, the order will be canceled and the amount returned in full to the customer without any damage to the same.
VIP is not obliged to sell any product whose price is obviously incorrect.
8. Payment
The customer invoice price is the price indicated on the order confirmation sent by Abilheira & Cunha.
Payment can be made by check or transfer.
In the case of payment centers refusals, the order will be automatically canceled and the customer warned by email. In addition, Abilheira & Cunha reserves the right to refuse any order from a customer with whom there is a litigious history.
9. Disputes
This contract is subject to Portuguese law. Abilheira & Cunha can not be responsible for damages of any kind, both material and immaterial or bodily, which may result from a malfunction or misuse of products sold. Responsibility for Abilheira & Cunha, in any case, will be limited to the order amount.
In case of difficulties in applying this contract, before any action in justice, the parties involved should seek the possibility of an amicable solution, with the help of: a professional association in the industry, a consumer association or any other counsel of your choice.
Note that the search for an amicable solution does not interrupt the "short time" of the legal guarantee, nor the duration of the contractual guarantee. It is also of note that, in general and subject to the discretion of the courts, respect the provisions of this contract relating to contractual guarantee assumes that the buyer honors its financial commitments to the seller.
Complaints or disputes will always be received with attentive benevolence.
In case of dispute, with no amicable settlement between the parties, the Court of Braga has sole jurisdiction, irrespective of the delivery place and of payment mode accepted.
10. Warranty
Abilheira & Cunha ensures that all selected products are in accordance with Portuguese law.
In cases where Abilheira & Cunha might have to respond as responsible for the failure to comply with laws and regulations of the order receiving country, this liability is limited to the value of the product in their date of sale, without recourse possibilities towards the brand or the producer of the product.
In every situation, the customer benefits from the legal guarantee against hidden defects (Art.1625 and following of the Civil Code). If the buyer proves the hidden defect, the seller must legally repair all the consequences (art.1641 and following of the Civil Code). If the client go to the courts, it must do so within a short period of time after discovering the defect (art.1648 of the Civil Code).
11. Sales & Promotions
In periods of sales and promotions repayments are not made. Abilheira & Cunha make available the amount in credit, with one-year validity instead.
12. Outlet
The 60% discount on the entire Outlet item is valid from 1/1/2021 to 12/31/2021.
13. Our responsibility
Nothing in these terms excludes or limits the liability of Abilheira & Cunha on any matter in which the exclusion or limitation of liability would be unlawful.
In case of breach of these conditions on our part, we will only be responsible for losses which are a reasonably expected of such a default result.
Abilheira & Cunha is not responsible for indirect losses that are a collateral effect of the main loss or damage, eg loss of profits or opportunities; or failure in the products delivery or compliance with any obligation under the present terms; when such failure is due to a situation that is beyond our control, including among others, fire, flood, storm, riot, civil disturbance, war, nuclear accidents and terrorist activity.
Our maximum liability to the customer for any possible loss or your order-related damage in www.viportuguese-shop.com will be limited to the total price of your order.
14. Legal Information
The provision of personal data collected for the purpose of selling online is mandatory and essential for the treatment and the routing of orders, establishment of invoices and warranty contracts. The defect of information causes no confirmation of the order.
In accordance with the law "Computing and Freedoms", the treatment of nominative information regarding customers was the subject of a declaration to the National Board of Computing and Liberties (CNIL). The customer has (article 34 of the law of January 6th, 1978) a right of access, modification, rectification and deletion of data that can exercise next to Abilheira & Cunha. In addition, Abilheira & Cunha commits not to communicate, free or with counterpart, the details of its customers.
15. Arbitration Center - Law 144/2015
In case of dispute the consumer may resort to an Alternative Resolution Entity of consumer disputes:
Centre for Consumption Information, Mediation and Arbitration (CIAB) - Braga
Rua D. Afonso Henriques, No. 1 (Ed. Junta de Freguesia da Sé)
4700 - 030 Braga
Phone: +351 253 617 604 / Fax: 253 617 05
Email: geral@ciab.pt
More information at: www.consumidor.pt