The following “General Conditions of Sale” contained in this document regulate and apply to all transactions carried out between the company SPACE REFLEX (supplier) and the CUSTOMER (buyer).
The buyer acknowledges that these general conditions of sale apply to all commercial transactions, cancelling those previously established, and declares, expressly and irrevocably, to accept them and undertake to comply with them.
The validity of any exceptional situations or additional clauses depends on the written acceptance by the supplier, considering the usual practices as mere tolerance and not as a revocation of these general conditions.
The buyer to sell competing products cannot use any technical information, design, image or commercial support transmitted by the supplier. In this way, all information transmitted by the supplier, in addition to constituting its property, cannot be appropriated or used by the buyer for purposes other than those relating to the supply itself.
The supplier reserves the right to change the products as well as their manufacturing process, with a view to improving the manufacturing process and/or the product.
Prices are shown in the Price List.
The supplier also reserves the right to change its Price List. Whenever there are changes in prices, the new values will apply to all orders pending delivery on the effective date of the change of your change. If the customer does not accept the new price, he may cancel his orders, notifying SPACE REFLEX in writing, within a maximum period of 5 days from the date of the price change. After this period, it is understood that you give your full agreement to the new conditions. Any product that is not included in the price list must be quoted, with the quotation having the validity that is shown on it, or in case it is not mentioned, it is valid for 8 days.
Offers made by the supplier are not considered binding until the buyer places the corresponding order (the “Order”) and the same is accepted by the supplier, at which time the Contract is valid. The supplier will accept the Order, when the corresponding confirmation of the Order is sent in writing, or when the Products object of the Order that has been accepted are actually sent and delivered. The supplier is under no obligation to accept any Order and, as such, reserves the right to reject it, without incurring any further liability. In the event that the buyer partially or fully cancels an Order, in the period between acceptance and delivery of the Products, the supplier may demand the performance of the Contract from the buyer. In this case, the supplier may claim compensation for damages caused by the cancellation or late performance of the Contract.
5. Delivery time:
In cases where a date for delivery of the products is not agreed between the buyer and the supplier, the delivery period for standard products is 8 working days for Mainland Portugal, all other periods must be agreed with the buyer. The supplier, for reasons beyond his control or major forces, can change the deadline and partial deliveries may also be made, if justified.
6. Packaging and Transport:
Goods are delivered in normal packaging. At the buyer’s request, indicated in the “Order”, transport may be provided, at the buyer’s expense, or, if agreed, at the supplier’s expense.
6.1 The buyer is responsible for the charges for: specific packaging, insurance, postage and freight, assembly and technical assistance.
Upon delivery of the product, the buyer must proceed with its examination, so any claim for total or partial transport damages of the supplied product must be made to the carrier at the time of unloading and the supplier notified in writing within 24 hours following delivery, otherwise it is understood that the delivery was made in full compliance.
7.1 If the means of transport or the methods of delivery are determined by the buyer, he will be solely responsible for the transport as well as all the effects thereof, including costs, which may arise therefrom.
The products sold benefit from a legal warranty, for the period and conditions established by Decree-Law 67/2003 of 8 April, amended by Decree-Law 84/2008, of 21 May of the Portuguese Law.
The warranty must be claimed in writing, upon presentation of the original invoice.
– have been misused by the purchaser;
– have been stored incorrectly;
– have been applied incorrectly;
– have not been installed in accordance with the installation instructions.
Will lose any rights to warranty.
The warranty may be extended by written determination of the supplier.
9. Returns / Complaints:
The supplier will examine all claims, and the buyer must return the products in the original packaging with the identification label and copy of the delivery note or invoice. The application and use of the supplier’s products is beyond its control, therefore the responsibility inherent in such application and use rests entirely with the purchaser.
The technical advice provided by the supplier, before or after the delivery of the products, is merely indicative, given in good faith and constitutes its best knowledge, given the current state of the technique, which is why they must be tested and cannot, in any case, hold her accountable.
9.1 Returns of supplied goods are only accepted as long as they are previously agreed, if accompanied by the respective return note, issued under the conditions required by the Portuguese VAT Code, with the data of the original invoice. The warranty does not cover deficiencies caused by mistreatment or improper use of materials.
9.2 After the analysis, the supplier will make a credit note of the products that are under warranty or will make a free replacement of them.
9.3 Claims do not entitle you to any compensation for any damages resulting therefrom.
As long as other supply conditions are not agreed, payment will always be made in soon payment. Payment must be made in cash, debit card, check or bank transfer.
For buyers who make regular purchases, supply on credit presupposes the analysis and agreement of the supplier, with regard to conditions, amount and payment term to be agreed in writing. The supplier reserves the right to condition the supply of goods to their prior payment, not to grant extensions of the payment period for overdue invoices and also to change the agreed payment terms when there are well-founded doubts as to the solvency of the buyer.
10.1 Any delay in relation to payments that exceeds the dates previously agreed, will earn default interest at the legal rate of commercial interest under the terms of paragraph 3 of article 102 of the Portuguese Commercial Code, without prejudice to the provisions of 10.2 below, and will imply the maturity, on that date, of all outstanding payment obligations and the refusal of deliveries and/or processing of new orders. All financial and commercial discounts appearing on these invoices will also be cancelled.
10.2 The goods supplied are the property of SPACE REFLEX until their full payment (Article 409 of the Portuguese Civil Code), with the customer being responsible for the trustee of the material supplied by the supplier until the full compliance with all contractual obligations and payments who took over.
10.3 The supplier’s right to reserve ownership is not affected, nor does it end, with the resale of the goods, so the buyer undertakes to inform all third parties to whom he transfers the possession of the goods, the existence of the reservation of property.
10.4 Thus, the supplier is entitled, through any of its representatives or agents, to immediately pick up the products and appropriate them, wherever they are and in the possession of anyone, with all expenses and charges that the supplier have to do and bear to recover said products from the buyer’s responsibility.
10.5 The supplier will still and always have the right to keep all the sums it has received from the buyer, not only as compensation for non-compliance, but also as compensation for the use and depreciation of the product, which, by itself, is always amount equal to 50% of the total adjusted price.
10.6 Only with the complete payment of the supplier’s credits, the reservation of title is extinguished, completely passing the title to the buyer.
11. Other conditions:
Other conditions besides these will only be valid when accepted and confirmed by the supplier.
12. Competent court:
For any dispute arising from supplies or that may arise in the interpretation and execution of commercial relations between the supplier and the customer, the competent jurisdiction is of the District of Braga – Portugal, with the waiver and exclusion of any other.