General Conditions of Sale

I – GENERALITIES

The present general conditions of sale are considered known to the buyer, even if a mere promissor, who places an order or purchase.
This website is intended to promote the products of José Borda & Cª, Lda with merchants.
The promissory buyer assumes the same duties and obligations as those provided herein for the buyer, except in cases that by their kind or nature do not apply such rules.
Any order placed implies that the buyer accepts these general sales conditions. Nothing contrary to those conditions may be affixed to the buyer and the seller, unless they have expressly and jointly accepted in writing.
The purchase and sale contracts will be concluded when the supplier accepts the order, obliging the buyer to purchase the goods in the sales package defined by the seller and committing to purchase items in their set of more than Euros: 125.00 (one hundred and twenty-five euros), to which VAT is added at the legal rate in force.
The seller reserves the right to unilaterally change the minimum amount indicated in the previous paragraph, without prior notice.

II – PRICES

Prices are set in euros, excluding VAT. The applicable prices are those shown on the website’s exhibitors, plus the respective value of VAT applicable to the legal rate, except for textual errors.
The fixed prices include the costs of packaging, transport and assembly when the buyer (client) is less than 50 km away from the location where the head office / professional domicile is located. In all other cases, the buyer will be notified, by any means, of the increase in packaging, transportation and assembly.
The packages will not have any return value.
The seller reserves the right to unilaterally change the sale prices displayed at the establishment without prior notice.

III – PAYMENT CONDITIONS

Payments will be valid only in Euros. The full and effective payment of the goods must be made immediately after placing the confirmed order. Payment must be made by bank transfer.
Exceptionally, the buyer may settle differently, whenever the seller expressly authorizes it.
The buyer, who is in arrears in relation to the payment of any goods, is subject to the payment of default interest calculated at the legal rate in force, plus an indemnity for the losses caused, of an amount never lower than twice the value of the unpaid merchandise, as penal clause.

IV – SUPPLY SUSPENSION

The seller reserves the right to suspend supplies whenever imperative circumstances exist or there is any default by the buyer.

V – ORDER CANCELLATION

After the order is awarded, its cancellation will only be valid with the prior and express agreement of the seller.

VI – GOODS ORDERED ON BEHALF OF OTHERS

Whenever products are ordered on behalf of others, the entity that places the order is jointly and severally responsible for the full and effective payment of the goods.

VII – PROPERTY RESERVATION

The seller retains ownership, of all products supplied, until the moment when full and effective payment of the respective price has been made.

VIII – TECHNICAL SPECIFICATIONS

The technical specifications of the products are those mentioned in the different exhibitors promoting the product.
Some products on display are decorated with props in order to show the product in its functionality and are, therefore, not included in the product price.
Whenever the seller is unable to deliver the ordered products, due to stock limitation, modification of technical specifications, force majeure or other exceptional circumstances, he undertakes to inform the author of the order of such impossibility and may present alternative products, i. e., with the same essential characteristics.

IX – EXECUTION OF THE PURCHASE AND SALE AGREEMENT

The buyer is obliged to examine the goods, upon delivery of the same, and must complain about its quality, considering it accordingly if at the moment it is not claimed.
Returns are not accepted, except in the case of a timely complaint (maximum period of 14 days), justified and duly accepted by the seller. The seller reserves the right to deliver only part of the goods ordered and to make installment deliveries according to their availability.

X – WARRANTY

The seller’s liability for warranty is limited to the repair of the goods or, when it is not possible, to simply replace the products that he has recognized as having manufacturing defects. The warranty excludes the consequences of normal wear and tear, as well as abnormal or inappropriate use or faulty product maintenance.
To promote any claim, the buyer must present his product in its original packaging and prove his purchase of the goods at the seller’s establishment. The burden of allegation and proof to trigger the warranty belongs to the buyer.

XI – APPLICABLE LAW AND COMPETENT JURISDICTION

The purchase and sale agreement between seller and buyer is conducted by portuguese law.
For the resolution of any dispute, the seller and the buyer accept the jurisdiction of the Póvoa de Varzim judicial district as competent, with the express waiver of any other.