ALFIL
1. CONDITIONS OF PURCHASE AND USE
This document (as well as the documents mentioned therein) establishes the conditions which govern the use of this website as well as the purchase of products on it (hereinafter the "Conditions").
We invite you to read the Conditions carefully before you start using this website. When you use this website or place an order through it, you agree to be bound by these Conditions and by our Data Protection Policies. Therefore, if you do not agree with all of the Conditions and with the Data Protection Policies, you should not use this website.
These Conditions are subject to change. It is your responsibility to read them regularly, since the conditions in force at the time of entering into the Contract (as described below) or the use of this website will be those which will apply.
The Contract (hereinafter the “Contract”) may be executed, at your option, in any language in which the Conditions are available on this website.
2. OUR CONTACT INFORMATION
The sale of products via this website is carried out under the name of Alfil-Store.pt by ALFIL – Luís Nunes da Silva, Lda located at Rua de Travanca de Cima n.º 850, 4520-819 Travanca – Santa Maria da Feira, VAT number nº 502303883, further designated ALFIL
3. YOUR CONTACT DETAILS AND YOUR VISITS ON THIS WEBSITE
The information or personal data that you communicate to us will be treated in accordance with the Data Protection Policies. By using this website, you accept the processing of information and data and you guarantee that all the information and data provided are true and correspond to reality.
4. USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
i. to use this website only for making requests and placing legal orders;
ii. not to place false or fraudulent orders. If it can reasonably be considered that an order of this type has been placed, we will have the right to cancel it and inform the competent authorities.
iii. provide us with your e-mail address, postal address and / or other information allowing us to contact you, exactly and precisely; you also agree that we may use this information to contact you when necessary (see our Privacy Policy).
If you do not provide us with all the necessary information, we will not be able to process your order.
When you place an order on this website, you confirm that you are over the age of 18 and that you have the legal capacity to conclude contracts.
5. SERVICE AVAILABILITY
The items offered on this website are available worldwide according to the shipping conditions available on our website.
6. FORMALIZATION OF THE CONTRACT
To place an order, you must follow the online purchase procedure and click on "Pay and continue your order". You will then receive an email confirming that your order has been taken into account (the "Order Confirmation"). You will also be informed by sending an email in which we will confirm that the order has been dispatched (the "Confirmation of Shipment"). An email with details of your order will be attached to the Confirmation of Shipment (the “E-ticket”).
7. AVAILABILITY OF PRODUCTS
Any order for products is subject to the availability of the latter. Thus, in the event of difficulties concerning the supply of products or in the event of depletion of stocks, we will reimburse the amount you have already paid for the missing items within 30 days.
8. DELIVERY
Notwithstanding clause 7 above, concerning the availability of products, and except in extraordinary circumstances, we will do our best to send the order containing the product (s) indicated in each Confirmation of shipment, before the date indicated in the Confirmation of shipment in question or, if no date is specified, within the estimated time, indicated when selecting the delivery method. In all cases, the maximum delivery time will be 30 days from the date of the Order Confirmation.
However, delays may occur due to unforeseeable circumstances or difficulties due to the place of delivery.
If, for any reason, we are unable to meet the delivery date, we will notify you and give you the option of maintaining your order by giving you a new delivery date, or canceling the order, at which In this case, the amount paid will be fully refunded to you. Please note that in all cases we do not deliver on Saturdays and Sundays, nor on public holidays.
In the context of these Conditions, it is understood that the "delivery" has taken place or that the order has been "delivered" as soon as you, or a third party that you have designated for this purpose, takes physical possession of the goods, which will be justified by the signing of the order form at the agreed delivery address.
9. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver the order to you, we will try to find a secure place to drop it off. We will then leave a document explaining where your order is and what you need to do to have it delivered to you again.
In case of non-delivery of the product within the time limit, the User may be billed the amounts corresponding to the costs of storage of the products and resulting from new attempts to deliver the order.
10. TRANSFER OF RISKS AND OWNERSHIP OF PRODUCTS
You will bear the risks relating to the products from delivery.
You will become the owner of the products when we have received payment of the full amount due related to these products, including delivery costs, or at the time of delivery (as indicated in clause 9 above), if the latter was to take place later.
11. PRICES AND PAYMENT
The price of the products will be that which is indicated at all times on our website, except in the event of manifest error. Although we do everything in our power to ensure that the prices on the website are correct, errors may occur. If we discover an error concerning the price of one of the products you have ordered, we will inform you as soon as possible and give you the opportunity to confirm the order at the corrected price or to cancel it. If we cannot reach you, the order will be considered canceled and all amounts paid will be refunded in full.
We are under no obligation to provide you with an incorrectly priced product (even if we have sent the Shipment Confirmation) if the error in the price is manifest and unquestionable and you could reasonably have recognized that the price was incorrect .
The prices indicated on the website include VAT, and include the shipping costs under the conditions indicated on our website, unless they opt for other modes of transport which will be added to the total amount due, in accordance with our shipping costs guide.
Prices can be changed at any time. However, apart from the above-mentioned case, the modifications will not apply to orders for which we have already sent an Order Confirmation.
Once you have made your purchases, all of the items you wish to purchase have been added to your basket and the next steps will be order completion and payment. To do this :
- Click on the "Basket" button at the top of the page.
- Click on the "View basket" button.
- Click on the "Finish order" button.
- Fill in or confirm the contact details, the details of your order, the address where you want the order to be sent and the address you want to put on the invoice.
- Enter your card details.
- Click on "Authorize payment".
You can pay with Visa, Mastercard, American Express and PayPal.
Credit cards are subject to checks and authorization by the bank issuing the card. If the bank does not authorize the payment, we cannot be held responsible for any delay or inability to deliver the order and we will not be able to formalize any Contract whatsoever with you.
12. VALUE ADDED TAX
Purchases made via this website are subject to value added tax (VAT) at the rate legally in force on the day of the sale.
13. EXCHANGE AND RETURNS POLICY
13.1 Legal right of withdrawal
According to the applicable rules, if you contract as a consumer, you can terminate the contract (unless the object of the contract is one of the products for which the right of termination is excluded in clause 13.3 below) to any moment within 14 days of the delivery date of the order.
In this case, the amount paid for the products is refunded. The customer is responsible for the cost of returning the product if it is not returned by one of the free methods mentioned in clause 13.3 below.
The customer can exercise the right of withdrawal in any way authorized by law, being considered, in any way whatsoever, as having validly exercised this right by sending the return form that we provide or by returning the products.
In order to respect the period of free termination of the contract, it is sufficient for the user to send his notification of exercise of the right of termination of the contract before the period of exercise of said right of free termination of the contract.
This provision does not affect the other rights recognized to the consumer by the legislation in force.
13.2 Contractual right of withdrawal
In addition to the right of withdrawal that the law recognizes for consumers, mentioned in clause 13.1 above, we grant you a period of 30 days from the date of Confirmation of shipment to return the products (except those mentioned in clause 13.3 below, for which the right of withdrawal is excluded).
You must exercise your right of return by sending us the return document that we provide to you or by returning the products to us. In all cases, the user must inform ALFIL of his intention to return the products and deliver the articles to ALFIL within 30 days from the date of confirmation of delivery.
13.3 Common provisions
You cannot terminate the Contract if the latter relates to the delivery of one of the following products:
i. Personalized items;
The contractual right to return products applies exclusively to products which can be returned under the same conditions as those in which the customer received them. Please return the item, using or including the original packaging. It must also include all instructions, labels, documents and product packaging. In all cases, you must submit, duly completed, the receipt you received at the time of delivery of the product, as well as the product to be returned. No refund will be made if the product has been used beyond the simple opening of its packaging or if it has suffered damage; the customer must therefore be careful with the products when they are in his possession.
You can do them by mail that we will send to your home.
13.4 Returns by mail
You must contact us, through our disbursement request, so that the product is delivered to the original delivery location. You must deliver the product in the same packaging as that in which you received it, with a printout of the electronic ticket attached to the shipping confirmation email.
None of these options incur additional costs for the customer.
If you do not wish to return the products through the free options available, the return costs will be borne by the customer. Please note that if you decide to return the items to us for collection, we will be able to charge you for any costs we may incur.
After reviewing the items, we will notify you if you are entitled to a refund of the amounts paid. The return will take place as quickly as possible and in any case within 14 days from the date on which the customer has notified us of his intention to return. The reimbursement will always be made by the same means of payment as that used by the customer to settle the purchase.
If you have any questions, you can contact us using our contact form.
Notwithstanding the limitations of the contractual right of return of goods, provided for in clause 13.2, this clause does not apply to the exercise of the right of free termination of the contract legally granted to the consumer, in particular with regard to the limitation of powers inspection and handling of goods.
13.5 Defective products
In cases where the customer considers that, at the time of delivery, the product does not comply with the provisions of the contract, he must contact us using our contact form, indicating the details of the product, as well as the damage suffered , within the legally established period of two months by which the form of procedure will be indicated to it.
You can return the product to us by delivering it to your home in a letter sent by us, accompanied by a printout of the electronic ticket, and you will then be reimbursed for the corresponding amount. As provided by law, instead of canceling the contract (and therefore the return of the product and the refund), you can also choose to replace the product.
The reimbursement of the price, or the replacement of the item, will take place as soon as possible and, in any case, within 30 days of the user's request to restore the conformity of the goods.
The amount paid for products that are returned due to an imperfection or a real defect will be refunded in full, including the delivery costs incurred for the delivery of the item. The return must be made by the same means of payment as that used to settle the purchase.
All rights recognized by applicable law will be safeguarded.
14. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, registered trademarks as well as intellectual property rights in the materials or content provided through this website belong to us at all times or belong to those who have granted us a user license. You may use such material only to the extent that we, or the licensees, expressly authorize it. This does not prevent you from using this website to the extent necessary to copy your order information or contact information.
15. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing a virus, a Trojan horse, a worm, logic bombs or any other technologically harmful or dangerous software or hardware. You should not attempt to gain unauthorized access to this website, the server on which the site is hosted or any server, computer or database published on our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.
Any breach of this clause will be considered an offense, as provided for by applicable law. We will report any breach of this rule to the competent authorities and will cooperate with them to uncover the identity of the perpetrators of the attack. Similarly, in the event of a breach of this clause, authorization to use this website will be immediately suspended.
We cannot be held responsible for any damage or prejudice resulting from a denial of service attack, from viruses or from any other software or other material which is technologically harmful or dangerous and which may damage your computer, computer equipment, data or materials, following the use of this website or the downloading of content on the latter or from sites to which this site redirects you.
16. LINKS FROM OUR WEBSITE
If our website contains links to other websites and third party materials, these links are provided for informational purposes only and we have no control over the content of those websites or materials. Consequently, we decline any responsibility as for a possible damage or damage which could result from this.
17. WRITTEN COMMUNICATION
Current regulations require that some of the information or notifications we send to you be in writing. By using this site, you agree that your communication with us is mainly electronic. We will contact you by email or notify you by posting messages on the website. For contractual reasons, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send to you electronically meet the legal requirements for transmission in writing. This condition will in no way affect your legally recognized rights.
18. NOTIFICATIONS
The notifications that you send to us should preferably be sent via our contact form. In accordance with the content of clause 18 above, and unless otherwise stated, we may send you notifications by email or to the postal address that you sent to us at the time of ordering.
Notifications will be deemed to have been received and made correctly as soon as they are posted on our website, 24 hours after being sent by email, or three days after the date of dispatch of a letter. To prove that the notification has been sent, it will suffice to demonstrate, in the case of a letter, that it was sent to the correct address, that it was correctly franked and correctly delivered to the post office or in mailbox ; and for emails, that they were sent to the email address specified by the recipient.
19. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The agreement is binding on you and us, as well as on our respective successors, assignees and heirs.
You may not transmit, assign, register or otherwise transfer a contract or any of the rights and obligations arising therefrom to yourself or to us without our prior written consent.
To avoid any doubt, these transmissions, these transfers, these fees or other transfers do not affect the rights recognized by law which, in your case, you benefit as a consumer, and do not cancel, reduce or limit 'in another way the express or implied guarantees which may have been granted to you.
20. EVENTS OUTSIDE OUR CONTROL
We are not responsible for any failure or delay in the execution of one of our obligations under a Contract caused by events beyond our control ("Force majeure").
Reasons of force majeure include any act, event, failure to exercise, omission or accident beyond our control, including, but not limited to, the following
- Strikes, general or other forms of protest which affect the country significantly.
- Public unrest, revolts, invasions, terrorist attacks or threats, war (declared or not) or threats or preparations for war.
- Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
- Inability to use trains, boats, planes, motor transport or other means of transport, public or private.
- Inability to use public or private tele-notification systems.
Our obligations under the contracts will be considered suspended for the duration of the reasons of force majeure and we will benefit from an extension of the period of execution of these obligations for a period of time equal to the duration of the reasons of force majeure. We will use all reasonable means to put an end to the reasons of force majeure or to find a solution allowing us to fulfill our obligations under the contract despite the reasons of force majeure.
21. WAIVER RIGHTS
The absence of any requirement on our part concerning your strict compliance with one of your obligations under the Contract or one of these Conditions, or the failure on our part to exercise our rights or remedies to which we are entitled under this Contract or one of these Conditions, does not constitute a waiver or limitation of these rights or remedies and will not exempt you from complying with your obligations.
Our waiver of a specific right or action will not constitute a waiver of other rights or actions derived from the Contract or Conditions.
No waiver on our part of any of the rights, remedies or obligations under the Contract will have effect until it is expressly qualified as such and is not communicated to you in accordance with the provisions set out in the notification clause above.
22. PARTIAL INVALIDITY
If any of these Conditions or any of the provisions of the Contract is deemed null and void by virtue of an irrevocable decision emanating from a competent authority, the other general conditions will remain in force and will not be affected in any way by this decision.
23. SINGLE AGREEMENT
These conditions and all documents to which express reference is made constitute the entire agreement between us and you with regard to the subject of the agreement and replace any other commitment, agreement or promise previously concluded between us and you, whether verbally or in writing.
You and we recognize that we have consented to the conclusion of the agreement without relying on any declaration or promise made by the other party or which could interfere with a written declaration during negotiations carried out by both parties before this agreement, unless expressly stated in these conditions.
Neither you nor we will follow up on an uncertain statement, oral or written, made by the other party before the date of this agreement (unless you have made this uncertain statement in a fraudulent manner) and the only action that the The other party will undertake will be a breach of contract in accordance with these conditions.
24. APPLICABLE LAW AND JURISDICTION
The use of our website and the purchase contracts made through this page are governed by Portuguese law.
This does not affect the other rights recognized to the consumer by the legislation in force.
25. COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. Please send your comments and suggestions to our contact form.
26. ONLINE COMPLAINTS BOOK
If you wish to make a complaint, you can do so, resorting to the online complaints book platform here.
27. ALTERNATIVE MODES OF SETTLEMENT OF DISPUTES
If, as a consumer, you believe that your rights have been violated, you can send your complaint to the email address compras@alfil.pt, in order to resort to an out-of-court resolution.
In this regard, if the transaction between you and our company has been concluded through our website, we inform you - in accordance with EU Regulation 524/2013 - that you have the right to try to resolve any dispute amicably trough:
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo http://www.arbitragemdeconsumo.org/
European Online Dispute Resolution Platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
You can consult the updated list of alternative dispute resolution methods, provided for in article 17 of law 144/2015 of September 8, on the consumers' website at www.consumidor.pt.
ANNEX
(Please complete and return this form only if you wish to terminate the contract)
For ALFIL - Luís Nunes da Silva, Lda, with registered office at Rua de Travanca de Cima n.º 850, 4520-819 Travanca - Santa Maria da Feira, Portugal (e-mail geral@alfil.pt)
I hereby inform you that I terminate my sales contract for the following items: Ordered on / received at (*)
Consumer name
Consumer address
Consumer's signature (only if this form is notified on paper) Date
(*) Strike out what does not apply
LAST CHANGE DATE: June 27 2020