General Sales Conditions

The current document includes the General Sales Conditions which regulates online purchases made on the website of Abílio Freire, Lda., owned by Abílio Freire, Lda., located in Travessa Alem do Rio, Nº 41 - 10, Freamunde, 4594- 908 Freamunde, Paços de Ferreira, Porto, with Tax Identification Number: 500 432 600.

Products and services purchased on the site are sold directly by Abílio Freire, Lda., for further information, you can contact Abílio Freire, Lda., through the telephone number +351 255 878 497 or by email to geral@afreire.com.

Abílio Freire, Lda. suggests that you carefully read these General Sales Conditions before making any purchase through this website.

a) Definitions

• Customer: The consumer, as defined below.
• Consumer: Known as an individual, of legal age or who is able to act in accordance with the law to whom goods are provided, services are provided, any rights are transferred or who place an order on the website of Abílio Freire, Lda. who carry out, with a professional character, an economic activity aimed at obtaining benefits.
• Seller: Is Abílio Freire, Lda. based in Travessa Além do Rio, 41, 4590-293 Freamunde, Portugal, with Tax Identification Number 0500 432 600, as owner of the Site and supplier of products for online sale.
• Price: Is the commercial compensation indicated in the order confirmation, including the Value Added Tax (VAT).
• Order Cnfirmation: A notice sent to the Customer by e-mail, in which the final details regarding the purchase contract established between the Seller and the Customer are provided (General Conditions of Sale are an integral part).
• Products: The products from the electronic catalog, are published on the website, as described in the respective product sheets and detailed in the order confirmation.

b) The Commercial Policy – Application Scope

• The mission focus on promoting and selling the products of Abílio Freire, Lda., particularly in relation to B2C Commerce (Business to Consumer) especially to private consumers. As part of its commercial policy, the Seller reserves the right not to process orders from individuals who are not the Customer or if orders do not comply with commercial policy.
• The current Conditions of Sale exclusively regulates the offer, the transmission and acceptance of orders for products between the Customer and the Seller through the Website (“Conditions of Sale”).
• The Sales Conditions do not regulate the provision of services or the sell of products by persons tha are not the Seller, who are present on the Site through any links, banners or other hyperlinks.
• Whenever an order is sent to purchase products and/or services from individuals other than the Seller, we suggest that the Customer check the respective conditions of sale. The Seller is not responsible for the provision of services by other peoples who are not the Seller or for the completion of e-commerce transactions between users and other people who aren’t the seller.
• These Sales Conditions are published on the website's home page and can be consulted by the Customer at any time, before and during the procedure for placing an order, and must be expressly accepted in order to continue with the order.

How To End The Contract With The Seller:

• In order to finish the purchase contract for one or more products on the Site, the customer must complete the order form (in electronic format), paying attention to correctly enter the essential data, and send it electronically to the Seller, following the instructions indicated on the Site, whenever the customer has any questions, they can request additional information.
• To complete the purchase agreement, registration shall be made on the Site: the Customer must create an account (personal profile) by filling in the forms on the Site, taking care to correctly enter their personal data required in the electronic registration form, so that your purchase gets easier, as well as future purchases, without having to fill in the entire form again and again.
• The Customer is responsible for the accuracy and to certified the correct form of the personal data inserted and sent to the Seller, at the stage of registration and submission of the order form. It is understood that any damage/delay/disruption relating to and/or attributable to the non-correction and/or non-veracity of the personal data entered at the time of registration and/or subsequently changed cannot in any case be attributed to the Seller.
• The order form contains a resubmission of the Conditions of Sale and a summary of the main information relating to each of the Products ordered. In particular: the price (including all applicable fees and taxes), the means of payment are also explained.     
• Before purchasing the products using the order form, it is essential that the Customer read carefully the General Sales Conditions and the General Conditions of Use, as well as print it and  keep a copy for any future use. In particular, before completing the online purchase and payment procedure, the Customer will be invited to consult and accept these Terms of Sale, as well as print or keep an electronic copy and also keep these Terms of Sale.
• The contract is concluded when, after verification by the Customer of the data relating to the order, the Seller receives the corresponding order form electronically.
• By sending the order form, the Customer fully accepts and undertakes to honor, before the Seller, the conditions of sale. If the Customer does not agree with some of the terms indicated, he is invited not to send the order form for the purchase of products on the Site.
• By transmitting the order form, the Customer confirms that he/she knows and also accepts the further information contained on the website, in the General Conditions of Use and in the information on the processing of personal data.
• The order form will be filed in the Seller's database for the period of time necessary for processing the order and also as provided by law.
• The language available to the Customer to conclude the contract with the Seller is Portuguese.
• Product prices may be subject to updates. The Customer is obliged to check the final sales price before downloading the respective order form.
• The purchase order that provides for delivery in a country other than Portugal (see the section “Shipping and delivery of products”) must be governed by the regime as explained in that section.
• After que conclusion of the contract, the Seller will take care of the corresponding purchase order.
• The Seller may not process purchase orders sent by the Customer that do not offer sufficient guarantees of solvency or if the Customer's data is incomplete or incorrect. In these cases, the Seller will inform the Customer, by email, of the non-completion of the contract, indicating the reasons why it was not possible to proceed with the order.
• In general, all of the articles on the website are available immediately. However, Seller shall not be held responsible for the temporary unavailability of one or more products. In the case of specific products presented on the website that are no longer available or for sale after sending the order form, the Seller must notify the Customer, prior to the Order Confirmation, of the said unavailability. Except as stipulated below (see the division "Right of free withdrawal"), the sending of the order form by the Customer serves as acceptance, even in a possible partial delivery, limited to the products available within the scope of the ordered products, as well as a waiver to receive the that title compensation and/or indemnity. If the Customer has already paid for the entire order, the Seller will refund the corresponding portion of the unavailable products, in accordance with the refund mode described (see section "Refund methods and time Schedule").
• Once the contract is completed, the Seller will send the Customer, to the e-mail address and in the language indicated on the order form, an order shipment confirmation, with a summary of the information contained in the form. This document is not the Order Confirmation, which will be sent later, at the time of the actual shipment of the Products.
• Whenever the shipment of the products contained in the order form, the Seller will send the Customer, to the email address and in the indicated language, the Order Confirmation. This document will have the list of products actually purchased, with their main characteristics, including those relating to the price with VAT. You will also have all the information regarding shipping data, costs and the expected delivery time. In addition, the total cost of the order (with and without VAT) and the main information regarding the payment made. Finally, the document in question will have a summary of the Sales Conditions, the General Conditions of Use of the Site and the Seller's tax data (Name, Legal form, Head Office, Registration in the commercial register, Tax code, TIN and Responsible).
• Warranty and after-sales assistance interventions
• The products offered on the website of Abílio Freire, Lda. are exclusively high quality products.
• The essential features of the products are indicated on the Website, on the Product details page. The images and colors of the products offered for sale may, however, not correspond to the real ones due to the Internet browser and the monitor used. In this way, it is understood that, according to the respective indications on the label, the Customer may not submit any complaint in the contacts with the Seller if the production of the Product delivered does not match the image of the Product presented on the Site in terms of colors/shape/ dimensions. The Seller reserves the right to change the manufacture of the Product at any time.
• The Seller pays the full attention to respecting the description and presentation on the website in relation to what is indicated on the label present in the manufacture of products. In any case, we emphasize that, if differences are found, the label and indications of use of the Product provided by the Supplier prevail.
• When delivering the purchased Product by mail, the Customer is asked to verify that the number of packages delivered corresponds to that indicated on the transport document, that the packages are intact, not wet or have not been modified, as well as the materials of packing. Upon receipt of the Products, the Customer must:
• Ensure that the packaging is intact. Otherwise, you must NOT remove the Products and return them to the post. When this occurs, the Customer must immediately communicate with the Seller to proceed with the rapid return of the purchased goods;
• Sign the receipt document presented by mail, always inserting the phrase "ACCEPT UNDER RESERVATION". In this way, it will be simpler and faster to obtain any refunds for damage attributable to transport;
• Photograph the packaging - if the Products received are damaged or incomplete/inaccurate - on the outside or inside, in case of a refund request, the Seller may request such material to verify the problem.
• After signing the mailing document, the Customer may not submit any dispute regarding the external characteristics of the delivered products and the risk of loss or damage to the Products will be transferred for all purposes to the Customer.

The Seller is responsible for any defect existing at the time of delivery of the product. The Customer may request activation of the warranty, through the website of Abílio Freire, Lda. or by telephone (+351 255 878 497) within 60 (sixty) business days after the date of receipt of the products (for obvious defects) or discovery of the defect (for hidden defects), specifying the reason “warranty for non-conforming product”, the order code and the reason for the claim. The Seller, after verifying the above, will indicate to the Customer the procedure foreseen for the repair or replacement of the product under warranty. The Seller, when necessary, will, on its own account, have the defective Product collected by express mail, directly at an address indicated by the Customer. Upon receipt of the product, the Seller will evaluate the actual change and, in case of a positive response, will repair or replace the goods at its own expense, no later than 30 (thirty) days after receipt. In the event of a negative response, the Seller will immediately report the failure of the procedure to the Customer, indicating that a replacement product will not be shipped. In any case, the Customer may, on its own, collect the product from the Seller within 30 (thirty) days after reporting the negative result of the procedure.

Seller is not responsible or forced to claim for indirect, immaterial or collateral damages, including (without limitation): loss of profits, loss of income, production limitations, administrative or personal costs, loss of customers or legal actions of third parties. The guarantee in question is valid only for products purchased by a Customer residing within the Portuguese territory.

The Product’s Warranty is reserved for the website's Customers. It only applies to users who made a purchase on the Site outside of any business, commercial, craft or professional activities that may have been carried out. People who have purchased on the Website and who do not have the quality of Customers will be subject to the warranty for defects in the item sold, the agreed and essential quality defect warranty and other guarantees provided for in the civil code, in its terms, provisions and limitations. Any failures or malfunctions determined by accidental facts or the responsibility of the user, or a use of the product not in accordance with its intended use and/or in relation to what is provided for in the instructions for use, are excluded from the scope of the Product Compliance Guarantee. use of the product, and in cases where the products are not kept in unsuitable places or exposed to bad weather, dirt or contaminants.

Order Cancellation

• Notwithstanding the provisions regarding free resolution, it is possible to cancel orders that have not yet been processed (marked with the status "in process" or "awaiting payment") by contacting Customer Service by e-mail to the e-mail address geral@afreire.com.pt or by telephone +351 255 878 497.
• It is not possible to cancel an order once the shipping process has started.
• In the event that, at the time of cancellation of an order, the corresponding payment has already been made, it will be necessary to contact Customer Service to proceed with the refund procedure (as described in the section "Times and method of refund").

Payments

• Seller will only accept payments in euros.
• To pay the price of the products and the respective shipping and delivery costs, the Customer may use one of the methods indicated in the order form.
• In case of payment by credit card, the entire payment procedure will be handled securely, the Seller will not be in possession of any sensitive information (for example, the full credit/debit card number or the security code) .
• The description must contain the order code communicated by the Website in the Order Confirmation email, a process that may take up to 3 working days.
• The transfer must be made within 6 days after sending the order form. After this period, the Seller cannot guarantee the availability of the ordered merchandise.

Shipping and Delivery of Products

• The Seller sends the products to Portugal through the carriers, mainly by express mail. Delivery will take place via express mail within 2-5 working days (or Monday to Friday) throughout the country, with the exception of the islands, from receipt of the order form. In any case, the Seller reserves the possibility to deliver the ordered products within a maximum period of 30 days from the Order Confirmation email.
• The Seller undertakes to do whatever is necessary to respect the delivery times indicated above, but in no event shall it be held liable for damage or inconvenience caused by any delays.
• The country to which the Seller ships is exclusively Portugal.
• The cost of any shipment associated with an order depends based on the following parameters: the place of destination and the total weight of the Products purchased in a single order, and will be indicated during the order shipping procedure in the Order Confirmation.
• All costs mentioned include VAT, in accordance with the applicable legislation.
• The Customer is asked to control the number and integrity of packages at all times. In case of anomaly or damage, the claim must be made immediately to the carrier, refusing delivery and immediately informing the Customer Service of the event. Replacement and return expenses will be entirely at Seller's expense.
• It is understood that delivery by express delivery is carried out at street level, and will be made, unless otherwise indicated, from Monday to Friday during normal business hours (8:00 am to 7:00 pm), excluding holidays national, and only in the national territory.

Right Of Free Resolution

The Consumer Customer is entitled to finish the purchase contract for any reason, without the need to provide explanations and without any penalty, under the terms and in the manner indicated in the subsequent articles. In order to exercise the right of free withdrawal, the Customer shall send the Seller a communication to that effect to Customer Service, within 14 days after the date of receipt of the Products in respect of which the right of free withdrawal is exercised, by contacting the Customer Service by telephone at +351 255 878 497 or by email to geral@afreire.com.

Upon receipt of the notice of termination, the Seller, after verifying compliance with the terms of assessment of the right of termination, will send, through the Customer Service, an email “opening of return” to the Customer, containing the procedure refund of the products (see “Return by free resolution procedure”).

The Product to be returned must reach the Seller within 14 days after receiving the communication of the opening of the return by resolution.

After receiving the products, the Seller will open a refund procedure (see Refunds) if, and only if, the products have been shipped in accordance with the predefined terms (in relation to date, postmark or delivery date in a eventual mail) and if the products are perfectly intact, in their complete original packaging (product packaging without any damage, containing all auxiliary documentation such as warranty, manuals, etc.) and repackaged in such conditions that they are able to be placed in the sale.

In the event of a resolution communicated by the Customer according to the modality provided for in the previous article, the Seller will reimburse the Customer for all amounts of this last payment, including the amounts of the costs of delivery of the Products (except for the Ancillary Services), if applicable, in the within 14 days after receiving the communication of resolution sent by the Consumer Customer. Shipping expenses are borne by the customer. The Seller offers the possibility to collect the product by courier, directly to the address indicated by the customer, at a cost of € 10.00, which will be deducted from the total refund amount. The shipment, after confirmation of receipt at the store indicated by the Seller, is the sole responsibility of the Customer. Upon arrival at the address indicated by the Seller, the Product will be examined for any damage or tampering not caused by shipping. If the original package and/or packaging is damaged, the Seller will deduct from the refund due a percentage equal to the respective loss of value of the Product.

Regardless of the correspondence between the recipient of the Products indicated on the order form and the person who made the payment, the refund of the amount will always be made by the Seller in favor of the person who made the payment (identified as the holder of the credit card used in the purchase or the holder of the current account from which the bank transfer used for the purchase is made). The Seller, also in accordance with the Consumption Code, reserves the right to withhold the refund until it has received the Products to be returned or if the Customer does not provide proof of the sending of the Products.

It is understood that the Right of Free Resolution is exercised correctly when first the following conditions are met:

• The email containing the request for evaluation of the right of free termination has the order code;
• The products relating to the order in which the right of free withdrawal is exercised are sent to the Seller in a single shipment. The Seller reserves the right not to accept products from an order shipped and shipped at different times.

In relation to the characteristics of the Products, the possibility for the Customer to exercise the right of withdrawal in the following cases is excluded:

• Use and / or opening, even if partial, of the Product and / or its packaging;
• Damage to the Product for reasons other than its transportation.

In this case, if the first shipped to the Seller, the Products deposited in the Seller's warehouse at the Customer's disposal, to be collected at its own risk and expense.

Returns

The return procedure is opened only after a request from the Customer to exercise the right of free withdrawal. In any case, after the Customer's order, the Seller will verify the effective existence of the necessary conditions for opening a return procedure.

After opening a return procedure, the Seller will send the Customer an email with a description of how to return the product.

Shipping expenses are borne by the customer. The Seller offers the possibility to collect the product by courier, directly to the address indicated by the customer, at a cost of € 10.00, which will be deducted from the total refund amount. The Customer will be available to go by post on one business day, at the address indicated.

The returned package must contain a copy of the Order Confirmation sent to the e-mail address indicated by the Customer or the delivery note present in the package at the time of receipt. Will not be collected in case any package against refund or postage to be paid.

Refunds

A refund procedure can be related to two different situations:

• Reimbursement of the global amount relating to an order for which the right of free withdrawal has been exercised;
• Partial refund for an order for which one or more products was found to be unavailable.

Regardless of the method of payment used by the Customer, and unless indicated in the matter of resolution, the refund is activated by the Seller in the shortest time possible and always within 30 (thirty) days after sending the Order Confirmation (at in case of partial refund due to the unavailability of one or more products) and 14 (fourteen) days after receipt of the Free Resolution Communication (in case of resolution), using the same payment channel that was made for the order whenever possible .

Regardless of the correspondence between the recipient of the products indicated in the order form and whose purchase value due has been paid, the refund of the amount will always be made by the Seller in favor of the person who made the payment (identified as the holder of the credit card used in the purchase or the holder of the current account from which the bank transfer used for the purchase is made).

Privacy

Privacy information can be found in the information on the processing of personal data and in the privacy policy, which forms an integral part of these Conditions of Sale.

For any other information about the privacy policy, it is possible to send a specific request to the following email address: geral@afreire.com

Applicable Law And Conflict Resolution

These Sales Conditions are governed by Portuguese legislation and, in particular, by the Consumer Law.

Changes and Updates

These Conditions of Sale are occasionally changed, because of legislative changes. The new General Sales Conditions will come into force on the date of their publication on the website. For any conflict that may arise in relation to these Conditions of Sale and the supply of any order, respectively, verified and presented under them, if the Customer is a Consumer, the court of the Customer's place of residence or domicile will be competent Consumer, if located in Portuguese territory.

The Sales Conditions are intended for all users who access, use and/or register on the website of Abílio Freire, Lda.

Access to and use of the website, as well as the purchase of products, presuppose reading, knowledge and acceptance of these General Conditions of Use.

Right of Free Resolution: Abílio Freire, Lda. undertakes to comply with the terms of Decree Law 24/2014, of February 14th.

Abílio Freire, Lda. member of the Arbitration Center CNIACC – Faculty of Law of Universidade Nova de Lisboa, with the following contacts: +351 21 384 7484; cniacc@fd.unl.pt. 

In case of dispute, the consumer can resort to this Dispute Resolution Entity. More information at the Consumer Portal www.consumidor.pt

Updated in 18th December 2020