GENERAL CONDITIONS OF SALE
1 - APPLICABILITY
a) These General Sales Conditions apply to all quotes, orders, invoices and contracts, which originate, or are based on, supplies of goods or services by Móveis Siopa e Baptista, Lda., hereinafter referred to as MSB, with the exception only of supply contracts where the MSB has accepted or proposed other conditions.
b) The formalization of purchases from the MSB implies on the part of the buyers the total acceptance of the aforementioned conditions, unless others are accepted in writing by the MSB.
c) As for the Online Store, it has specific rules that can be consulted at https://moveissiopaebaptista.com.
2 - ORDERS
a) Orders placed by our salespeople or representatives, as long as they contain the signature of the buyer or his representative, are considered firm.
i) The order is considered accepted by the customer when formalizing the order via email, digital channels and message.
ii) The purchase is considered formalized upon issuance of the receipt in store.
iii) Consent is also assumed upon partial or total payment of the order.
b) No order may be modified or canceled without MSB's agreement, unless there is no compliance with it. In this situation, a credit note will be issued, valid for a period of 90 days from the date of issue.
c) In the event of a special order (measures provided by the customer, articles on budget, etc…), it cannot be canceled or modified after placing it at the supplier.
d) Any changes or additions to the order will only be valid after being accepted by MSB in writing.
3 - PRICES
a) The sales prices that, on the date of supply, are included in the computer system or in the tables in force, are valid. All sales are subject to applicable VAT.
b) The prices in the published price lists can be changed at any time without prior notice, where the application of VAT is always referenced, according to the rates in force.
b) In the Budgets, the prices presented have a determined validity period, never exceeding 15 calendar days.
d) In the case of household appliances, the price shown is valid for 24 hours.
4 - GOODS DELIVERY DEADLINES
a) Delivery times are always given exclusively as a guideline and merely informative, never binding the MSB in its compliance, and therefore cannot be held responsible for any inconvenience or loss of non-compliance with them.
b) The delay in the delivery of goods, or supply of goods or services, for a period not exceeding 60 calendar days, in relation to the period indicated for information purposes, referred to in paragraph a) above, does not give the buyer the right to cancel the order or to refuse its acceptance, nor to demand any compensation for damages.
c) The MSB reserves the right to carry out partial deliveries of orders whenever the customer does not inform the MSB in writing of their non-acceptance.
5 - PAYMENT TERMS
a) The payment terms are those contained in the respective sales documents, that is, Budgets, Orders, Invoices or Partnership Contracts, and can only be changed by mutual agreement between the parties, that is, between buyer and supplier.
b) The accepted payment methods are the following: ATM, Bank Transfer, Cash or Checks on Demand.
c) The granting of credit depends on the approval by the MSB management, and no responsibility or penalty can be attributed to it for its refusal.
d) It is considered a prompt payment, when the customer makes a purchase, paying 40% of the respective price at the time of ordering and the remainder upon delivery.
e) If the order is fully available for delivery/collection by the customer, the customer must settle the entirety of the order.
6 - RESERVATION OF TITLE
a) Failure to pay an invoice by the due date implies that the customer is obliged to return to MSB, within 8 days of that date, the goods held as a trustee.
b) Failure to comply with this obligation provides that MSBs can take possession, at any time, of the goods supplied, wherever they are, bearing the costs of lifting, transporting and depreciating them at the customer's expense and risk.
7 - TRANSPORT AND PACKAGING OF GOODS
a) The transport of goods may be carried out by the MSB's own means, the customer's or using specialized companies, under budget.
b) In case the transport is carried out by the customer, the MSB will not accept any claim regarding goods that may be damaged in transport. For the collection of the respective article, the customer must be accompanied by the respective purchase documentation.
c) In cases of using their own transport or a specialized company, the customer must claim any possible damage within a period not exceeding 48 hours. If not, the MSB reserves the right not to accept the claim.
d) The packaging of the goods will be the one that he considers most convenient and adequate for the products and the transport in question, and the customer may request a different type whenever he is willing to pay his costs.
8 - EXCHANGES AND RETURNS
Exchanges and returns of non-conforming items will only be accepted if:
a) Purchase of item displayed in Store:
i) Only items displayed in the store can be exchanged or returned within 48 hours of purchase.
ii) The costs of exchange or return are borne by the customer.
iii) Only the exchange or return of the item that is in the perfect condition in which it was sold will be accepted.
iv) No cash refund of the value of the returned item is allowed. In this way, the credited amount is available in a current account with a validity of 90 days.
b) Purchase of article by order:
i) There are no exchanges or returns of ordered items.
ii) In the case of personalized products, produced with changes in dimensions, finishes or fabrics at the request of the customer, MSB does not accept their exchange or return.
iii) For hygiene reasons, exchanges or returns of rest products, mattresses, pillows, toppers or textile bed and bath textile products will not be accepted, except for those with manufacturing imperfections.
c) The Complaints Book is available to our customers at our store at Estrada Nacional 8, nº182, 2460-209 Alfeizerão and is also available in the Online Complaints Book.
9 – GUARANTEES
a) MSB guarantees the consumer that the good will be restored to conformity with the contract free of charge, where there is a non-conformity that becomes apparent within 3 years of delivery of the good.
b) When claiming a warranty, the customer must provide the competent proof of purchase.
c) The warranty cannot be claimed in case of faulty assembly that has generated deficiencies or incorrect use of the product that is not in accordance with the standards and indications provided by the manufacturer.
10 - JURISDICTION (COMPETENT COURT)
a) For the purposes of any legal summons, the buyer will expressly indicate, in all orders or purchase contracts, his registered office or domicile, elements that the MSB will mention in all documentation, namely invoices, regarding the sales made.
b) The place of fulfillment of the obligations of the buyers towards the MSB is at the registered office of the latter at Estrada Nacional 8. n.º 182 Vale de Maceira 2460-209 Alfeizerão - Alcobaça.
c) In the event of any disputes between MSBs and customers, the parties may resort to alternative dispute resolution, the RAL being competent in accordance with Law n. º 144/2015, CNIACC – Centro Nacional de Informação e Arbitragem de conflitos de consumo.
a) In the case of transmission of personal data by the Customer to the MSB, or from the MSB to the Customer, within the scope of this contract, the Customer guarantees to have complied with the applicable national legislation on privacy and protection of personal data, as well as compliance with the general data protection regulation (GDPR).
b) MSBs ensure compliance with national legislation in force on the protection of personal data.
c) Personal data are preserved with appropriate technical/organizational safeguards and measures.
d) The contact for information on personal data protection is: firstname.lastname@example.org
12 - LEGAL NOTE
The purpose of the Móveis Siopa e Baptista website is to facilitate knowledge of the company, the activities it carries out and the services it provides to the general public. The MSB reserves the right to make changes to the information contained on its website at any time and without prior notice.
a) The General Conditions of Sale are available on our website in Portuguese, English and French.