- These General Purchase Terms and Conditions, hereinafter referred to as [CONDITIONS], are agreed between Paulo Aguiar, Unipessoal Lda, headquartered at Rua da Guarita 123 9700-096 Angra do Heroísmo, NIPC 512085846, with the registration number no. 1120/2005-06-15, registered at Conservatório do Registo predial/Comercial/Automóvel de Angra do Heroísmo, with the share capital of 220 000€, and the people who, using the Paulo Aguiar, Unipessoal Lda website, wish to make purchases at the online store, henceforth called [SITE].
- These conditions apply exclusively to persons who are not traders, hereinafter referred to by [USER], being understood as such any person who acts for purposes that do not belong to the scope of their professional, commercial, industrial or artisanal activity.
- The USER must carefully read the general purchase terms and conditions, expressly tied to them, when clicking on the button “I accept the general purchase terms and conditions”, therefore, if the USER does not agree, the USER should not place the order or purchase.
- The present general conditions will not apply if it turns out that the USER is not a consumer, as defined in paragraph c) of article 3 of Decree-Law no. 24/2014, of 14 February.
- Paulo Aguiar, Unipessoal Lda reserves the right to, without prior notice, add, modify or alter these general online purchase conditions, change the sales price, or modify or replace the available products, considering that the USER when placing a new order or purchase accepts and is expressly tied to the new general purchase terms and conditions and sales prices.
- SELLER, hereinafter referred to as [SELLER], is a legal person or sole trader who has products for sale on the SITE.
- USER is a person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or professional activity and who uses the SITE to place orders for products or purchase products.
- PRODUCT OR ORDER: item on the SITE for online purchase.
- SPECIFIC PRODUCT: (article produced or marketed in a personalized way)
- ORDERING 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 purchase.
3. The offer for each product 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 in euros.
6. The images shown may not correspond exactly to the product shown. For technical reasons, the colors may also differ slightly from the actual colors.
7. In very specific cases, the descriptions may have errors and, therefore, the description of the manufacturer should also be consulted. (IF POSSIBLE, LIST SITES OF BRANDS)
8. Products for order, hereinafter referred to as [ORDER], take an average of up to two weeks in the event we are out of stock until they are available, or if they are specific products, they may take longer.
9. Technical specifications, design or colors of the product are subject to change without notice.
10. The SITE is updated with the utmost attention, however, it may happen that the information on the price may contain an error, so Paulo Aguiar, Unipessoal Lda does not commit itself to the offer, reserving the right to cancel the order in the event of such error occurs.
11. Paulo Aguiar, Unipessoal Lda declines any responsibility for any other errors that 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 their exact weight, but rather to an approximate weight, due to the weight of the packaging materials used in shipping.
13. Orders on the SITE can be placed 24 hours a day, 7 days a week, except in cases of force majeure.
14. While browsing the SITE, you can add to the shopping cart by clicking on the “buy” / “add” button.
15. When you have finished selecting the products, you can select the option, at the top of the SITE, “x products” / “Cart”, to make and complete the purchase.
16. In the “postage” field, you can choose to pick up at Ponta Delgada store, located at Rua da Guarita 123 9700-096 Angra do Heroísmo
16.1 We deliver to mainland Portugal, the Azores islands and Madeira islands.
16.2 With pickup at the Ponta Delgada store there is no cost of shipping.
17. Orders will only be accepted with the delivering address in mainland Portugal, Madeira and the Azores.
18. After filling out your personal data, you also need to confirm your intention to place the ORDER.
19. After confirmation, the ORDER will be processed and cannot be canceled, except for the right of withdrawal under the terms of points 30 to 33.
20. Your ORDER will not be accepted and the contract is not concluded until you receive, by email, confirmation of acceptance of the order and make the payment for it.
21. Payment must be made at the time of ORDER confirmation.
22. Accepted payment methods are: credit card and ATM reference.
23. ORDER will be delivered by courier (ctt, freight forwarder, ems or other service).
24. The shipping period can be up to 48 hours on business days, starting from the date of receipt and confirmation of the ORDER payment by our company, unless the product is out of stock, in which an alternative shipping period will be proposed, with exception of personalized products, which may take longer.
25. If no one is found at the indicated address, the ORDER will stay at the ctt store or at the shipment company facilities of your residential area, for 3 working days. After this deadline, the articles will return to Paulo Aguiar, Unipessoal Lda and later the customer will be contacted and a new delivery will be scheduled, which will be paid for by the customer.
26. Items purchased on the SITE have a warranty of two years, unless expressly stated otherwise.
27. To benefit from the warranty, the USER must keep the invoice as proof of purchase.
28. THE COMPANY is only a reseller. All products sold by COMPANY are not manufactured by us. The product warranty is given by the respective manufacturer under the terms of the law and the manufacturer is obliged to give a warranty up to a maximum of 2 years from the date of purchase.
29. If you have difficulties in installing / using any product, start by making 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 have your product replaced as quickly as possible, but is not only up to us. All products that arrive at our facilities are tested and shipped within 48 hours. Thereafter it becomes the responsibility of manufacturers and suppliers.
29.2 In the case of discontinued products, the exchange may be made for an equivalent or superior product currently on the market, but this exchange is the responsibility of the supplier or manufacturer, if it is not possible, the value may be refounded.
Contract termination and returns
30. The USER has the right to cancel the purchase if he does not receive his product within a maximum period of 30 days and the shipping cost is the customer’s responsibility.
31.The USER may freely terminate the contract carried out on the SITE, under the terms of article 10 of Decree-Law no. 24/2014 of February 14, being the USER responsible for the costs of return and shipping. To this end, the User must return his order within a maximum period of 14 days from the date of receipt, to the address Rua da Guarita 123 9700-096 Angra do Heroísmo exercising this right by sending a registered post with acknowledgment of receipt.
32. In case of contractual termination, the customer has a maximum period of 30 days, counting from the date the customer received the order, to return to the company to the address stated in the previous and above requirement, the product (s) ) purchased (s) with all its accessories and the respective packaging (s), in excellent condition, without scratches or marks of use and the instructions manuals, together with the copy of the sales invoice and the document proving the receipt of the order and as explained:
a) – Books strictly in their original condition, with no signs of use, folds, marks, torn, creased, written sheets;
b) – Movies, TV and Music: CD, DVD, Vinyl, etc. with unopened packaging and seals intact;
c) – Software and Video Games with unopened packaging and seals intact;
d) – Electronics (TV, Audio, Video, Computer, GPS, etc.) with no sign 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 Accessories in original condition and with all packaging and labels;
f) – Remaining products with no sign of misuse. 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 withdrawal if the previous conditions are not confirmed.
33. After receiving the returned order and all the documents referred to in the previous point, the company will reimburse, preferably by the same payment method if possible, within a maximum period of 14 days, the amounts paid by the customer, without any expenses for this, except return or shipping costs.
34. Consumer disputes
The European Union has created a website to support consumers in submitting their complaints about any dispute in which they are involved. In this context, the Paulo Aguiar, Unipessoal Lda provides all the information so that the costumer can exercise its right of complaint with an official entity, third party impartial to the process. So, if you were unsatisfied with the purchase of a product or service purchase from our website, or with the solution we presented to resolve a situation, you can access this official website https://ec.europa.eu/consumers/odr and expose your dispute.
35. All electronic messages sent during the access to the online store, including e-mails and messages via an internet browser, will be considered, for the purposes of the applicable law, as contractual declarations.
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 guidance of any conflict, before opening litigious processes in the courts. As a general rule, the procedure is as follows: the customer asks an impartial third party to act as an intermediary between you and the company, who is the target of your 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 ‘committee responsible for consumer disputes.
Alternative dispute resolution is, as a rule, less expensive, less formal and faster than the judicial process.
37. Suggestions for alternative dispute resolution entities:
Cniacc – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Centro de Arbitragem de Conflitos de Consumo de Lisboa
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral
Ciab – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo)
Cicap – Tribunal Arbitral de Consumo
38. All electronic messages sent during access to the online store, including e-mails and messages through an internet browser, will be considered, for the purposes of the applicable law, as contractual declarations.
39. The Paulo Aguiar, Unipessoal Lda may send the customer information about new products, promotions or other information of interest to the customers of the online store, if the customer has signed up for the newsletter.