The present General Conditions are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Carreiro & Filhos Comércio e Industria de Tintas, Ldª, headquartered at Rua das Laranjeiras, 31 CP 721 9504-536 PONTA DELGADA, under the single registration and identification number of legal person No. 512026963 with share capital of € 187,934.18, hereinafter designated “Carreiro & Filhos”.
The Service consists of providing, through the address www.carreiroefilhos.pt, access to the Online Store which, in addition to providing information on a set of products and/or services, allows the User, electronically, to order the products disclosed therein, under the terms and conditions described herein.
The order of products must be placed by Users aged 18 (eighteen) years or older (individuals under the age of 18 must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.
Carreiro & Filhos will do everything possible so that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. If you purchase a product that has characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free withdrawal – see point 9).
Carreiro & Filhos will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by Carreiro & Children, such as human errors or incidents in computer systems, it is not possible to provide any of the products requested by the User. If any product is not available after placing the order, you will be notified by email or telephone. At that moment, you will be presented with the possibility of canceling the order with the respective refund, if you have already made the respective payment.
All information about price, products, specifications, promotional actions and services may be changed at any time by Carreiro & Children.
3.1 All products and services sold in the Carreiro & Children are in accordance with Portuguese law.
3.2 The Store has adequate levels of security, however Carreiro & Filhos will not be responsible for any damage suffered by the User and/or by third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communication services provided by third parties, by the computer system, by modems, by connection software or possible computer viruses or resulting from the download (“download”) through the service of infected files or containing viruses or other properties that may affect the User’s equipment . If, for any reason, there is an error in accessing the Carreiro & Children if it is impossible to provide the service, Carreiro & Children will not be responsible for any damages.
3.3 Data and information queries carried out within the scope of this Service are presumed to have been carried out by the User, with Carreiro & Children any liability arising from the abusive or fraudulent use of the information obtained.
3.4 Carreiro & Filhos will not be liable for any loss or damage caused by abusive use of the Service that is not directly attributable to it by way of intent or gross negligence.
3.5 Carreiro & Filhos is not responsible for losses or damages arising from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it by way of fraud or serious negligence, not being responsible in particular for (i) errors, omissions or other inaccuracies regarding the information made available through the Service; (ii) damage caused by the fault of the User or third parties, including violations of intellectual property, (iii) non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or (iv) non-compliance or defective compliance resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside Carreiro & Children that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations beyond the control of Carreiro & Children who prevent or hinder the fulfillment of obligations assumed.
3.6. Carreiro & Children does not guarantee that:
i) the Service is provided uninterruptedly, is secure, error-free or works infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets any expectations of the User in relation to it;
iii) any material obtained in any way through the use of the Service is used at the risk and expense of the User, who is solely responsible for any damage caused to his system and computer equipment or for any loss of data resulting from this operation .
iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.
3.7. The User accepts that Carreiro & Filhos cannot in any way be held responsible for any damages, including, but not limited to, damages for loss of profits, data, contents, or any other losses (even if previously advised by the User about the possibility of such damages occurring) , resulting:
i) the use or impossibility of using the Service;
ii) the difficulty in obtaining any substitute for goods/services;
iii) unauthorized access or modification of personal data bases.
4.1. The user undertakes to:
i) Provide personal data and correct addresses;
ii) Do not use false identities;
iii) Respect the imposed order limits.
4.2. If any of the data is incorrect or insufficient, and for that reason there is a delay or impossibility in processing the order, or eventual non-delivery, the User is responsible, and Carreiro & Children decline any responsibility. In case the consumer violates any of these obligations, Carreiro & Filhos reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services offered simultaneously by Carreiro & Children of the same User; and also not allow the User to access any or all of the services provided by Carreiro & Children.
4.3. It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods.
5.1. Carreiro & Filhos guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified on the order form as being mandatory is essential for the provision of the Service by Carreiro & Sons . The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may give rise to refusal to provide the Service by Carreiro & Children.
5.3. The User’s personal data will be processed and stored by computer and are intended to be used by Carreiro & Children within the scope of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for marketing
5.4. Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to oppose their use for the purposes set out in previous number, and for this purpose contact the entity responsible for the processing of personal data: Carreiro & Children
5.5. The Internet is an open network, whereby the User’s personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessible and used by unauthorized third parties for the effect, not being able to Carreiro & Children be held responsible for such access and/or use.
6.1 At the request of the User
The User may cancel his order by requesting it to Carreiro & Children through the telephone number or e-mail referring the order number, which will be accepted as long as it has not yet been processed. After processing, Carreiro & Children will try to deliver it, but the User has the option of not accepting it.
For the purpose of cancellation, the User must indicate the following data to Carreiro & Children
a) Order number
b) NIF with which you placed the order and delivery address
6.2 By decision of Carreiro & Children
Carreiro & Filhos reserves the right not to process orders when it verifies any inconsistency in the personal data presented or observes misconduct on the part of the buyer. Carreiro & Filhos reserves the right not to process any order or reimbursement, in the event of errors in the values and/or characteristics of the products, when these result from technical problems or errors beyond the control of Carreiro & Children.
7.1. All equipment available in the Store is duly certified by the competent international entities.
7.2. The equipment and accessories have a warranty period defined by the manufacturer, which in legal terms is at least 2 (two) years. This period is considered from the date of the equipment invoice and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) duly completed.
7.3. Equipment that has exceeded the period defined by the manufacturer or has defects caused by abnormal wear, improper installation, bad weather, electrical discharges, negligence or accidents, poor handling, infiltration of moisture/liquids, use of accessories not covered by the warranty is considered outside the warranty conditions. originals and technical interventions by unauthorized personnel.
7.4. If the equipment breaks down, and if it is covered by the guarantee, the User may take it, together with proof of purchase and/or guarantee, to a technical assistance center of the brand.
7.5. The accessories covered by the guarantee, which break down, must be sent, with the respective proof of purchase and/or guarantee, to the following address:
Carrier & Filhos Comércio e Indústria de Tintas, Lda
Ruas das Laranjeiras, 31 Fraction C – CP 721
9504-536 SLIM POINT
If the User opts for other forms of return, the respective shipping costs will be their responsibility. The User must always request the CTT Receipt that proves the shipment of the order.
7.6. If the equipment breaks down and this fault is not covered by the warranty, the User may take the same, and proof of purchase, to a technical assistance center of the brand.
8.1. The Store is a registered website and the Service provided by the website itself is the responsibility of Carreiro & Children.
8.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
8.3. The User acknowledges that any content appearing in the publicity, highlight, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, by laws relating to industrial property and other property protection laws, whereby any use of these contents can only occur under the express authorization of the respective owners.
8.4. The User undertakes to fully respect the rights referred to in the previous number, namely refraining from performing any acts that may violate the law or said rights, such as reproduction, commercialization, transmission or placement making such contents available to the public or any other unauthorized acts having the same contents as their object.
9.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal acts or offensive to good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation. applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of Carreiro & Children suspend or deactivate the Service under the terms set out in point 14.
9.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that can be used by several users, and as such, subject to computer overloads, whereby Carreiro & Filhos does not guarantee the provision of the Service without interruptions, loss of information or delays.
9.3. Carreiro & Filhos also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, external to Carreiro & Filhos and which cannot be controlled by it).< /p>
9.4. In the event of an interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, Carreiro & Filhos undertakes to regularize its operation as soon as possible.
10.1. Regardless of any prior or subsequent communication, Carreiro & Children may, at any time, and in its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.
10.2. Carreiro & Filhos also reserves the right to immediately suspend or terminate access to the Service in the following cases:
a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When Carreiro & Children cease access to the Store, upon prior notice 15 days in advance of the cessation date.
10.3. The suspension or termination of the Service by Carreiro & Children, under the terms of the previous numbers, the right of the User or third parties to any indemnity or other compensation does not matter, and Carreiro & Children to be held responsible or in any way encumbered, for any consequence resulting from the suspension, annulment, cancellation of the Service.
10.4. In the situations described above, Carreiro & Filhos will notify the User, in advance so that he can, if he so wishes, safeguard the content of his order viewing area within a period of 3 (three) working days from the sending of the e-mail or the availability of the information on the main page of the Service.
11.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made to the User’s email address, by SMS or telephone contact .
11.2. The User agrees to receive any and all communications and/or notifications related to the Online Store, to the address, contact telephone number and/or email address email@example.com indicated in the ordering process.
At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the “Do not receive the Newsletter” option included in each Newsletter.
13.1. Without prejudice to the provisions of the following number, Carreiro & Children may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) days in advance.
13.2. The version currently in force of these General Conditions and their annexes is available on the website www.carreiroefilhos.pt.
14.1. Whenever Carreiro & Children deem it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, they may remotely reformulate network settings.
14.2. Without prejudice to the provisions of the following numbers, and bearing in mind the innovative nature of the Service and the technological developments to which it may be subject, Carreiro & Children will be able to change the technical settings of the same whenever this proves to be convenient to adapt it to eventual technological developments.
14.3. Carreiro & Filhos does not, however, guarantee the User the performance of any upgrades or improvements to the Service.
14.4. Some upgrades or new features of the Service may only be available upon payment by the User and/or subscription, by the same, of Specific Conditions of Use.
15.1. The User may submit any contractual conflicts, to arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to Carreiro & Children of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
15.2. The complaint must be presented within a maximum period of 30 (thirty) days, counting from the knowledge of the facts by the User, being registered in the information systems of Carreiro & Children who must decide the claim and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of receipt.
The Contract is governed by Portuguese law.
17.1 The cost of postage is calculated according to the weight of the products, destination and the total value of the order.
17.2. The value of the postage is indicated in the shopping cart before the final validation of the order, in the case of deliveries to mainland Portugal.
For deliveries outside Mainland Portugal, the total price of postage is calculated after confirmation of the customer’s order to the email firstname.lastname@example.org