Check below the general terms and conditions of sale.
We advise you to carefully read the terms and conditions that follow, before using this webpage. By using this webpage or making a purchase in it, the user agrees to the terms and conditions hereby present. In case the user is not in agreement with the following terms he/she should refrain themselves from using this webpage.
The following terms and conditions can be altered at any time, being the total responsibility of the user to periodically read the terms, since these are the to be considered the guidelines for any contract/transaction when applicable.
I- OBJECT, PURPOSE AND DEFINITIONS
1) The following conditions regulate sales, its registry, the delivery and access to “Concreto” product offered by TRICOTHIUS Lda., with the NIPC 514 497 343, registered in Conservatória do Registo Comercial located at Rua do Arranjinho nº381 fracção Q. PAV. 17 4750-803 Barcelos, Portugal with the website www.concreto.pt, applies to every contract of sale and purchase of “Concreto” products celebrated between TRICOTHIUS Lda. and any user that makes a sale trough said website.
2) FOR PURPOSE OF THESE CONDITIONS, IT IS DEFINED:
a) “Concreto products” – The products commercialized by TRICOTHIUS Lda., owner of all copyright or derived copyright, as well as any other right that are subjected or present by law under the Código de Propriedade Industrial, that applies to the website and the entity that supplies the products available for purchase at the website.
b) “User” – Every person that makes a purchase trough the website www.concreto.pt
3) The present terms and conditions do not rule out any right or guarantee of the user present in the law for contracts of this nature.
II – ACEPTANCE
1) The celebration of contract of purchase and sale of Concreto products assumes full knowledge of the terms and conditions by the user.
2) With the acceptance of the terms and conditions, the user confirms having read said terms, as well as, judicial capacity to accept and celebrate a contract of purchase and sale of Concreto products.
3) The information on the present terms and conditions does not constitutes a proposition of sale, but a mere invitation to negotiation. No contract in relation to the products mentioned will be established between TRICOTHIUS Lda. and the user without the purchase being approved by the first party (independently of debit has been made in the user’s account). If the purchase is not accepted after any debit has been deducted from the user’s account then that amount will be restored in its full, to the user.
2) After having registered as a client, the user can access his/her personal online account by logging in after inserting the password, chosen by the user at the moment of registry.
3) From the moment that the user accesses the online personal account, he/she agrees with the present terms and conditions, as well as the legal norms and regulations that discipline said usage and functioning.
IV – CONCRETO PRODUCTS
1) – The website www.concreto.pt is directed at users of Concreto’s products that wish to acquire said oriducts from their homes or workplace, 24 hours a day and 7 days of week.
2) The information about the essential characteristics of Concreto products can be consulted at www.concreto.pt
3) TRICOTHIUS Lda. reserves the right to modify, at any point in time, the information, offer of products, prices, promotions and conditions presented at www.concreto.pt
V – ORDERS/PURCHASES
1) After accessing his personal online account, created at www.concreto.pt, the user can proceed to the online store, where will be have the opportunity to make an online purchase, by following these steps:
a) Select, trough icons and search menus, the wanted product(s) by the user;
b) Add the product(s) to the user basket;
c) Registry of the user personal information, with the option to integrate them into the database of TRICOTHIUS Lda. predicted in the terms and conditions.
d) Indication of “delivery address”, “payment address”, “payment method”.
e) Indication of the user’s fiscal identification number (NIF), depending on the “payment method” selected.
2) TRICOTHIUS Lda. will make available, all purchase data at the website www.concreto.pt, allowing identification and correction of errors, and will ask for the acceptance of the terms and conditions of purchase, as well as the terms and conditions.
3) The user will be informed of the state of their order/purchase trough the reception of an email, corresponding to the “Order Confirmation”, and a second email after payment validation, “Order in transit”. All orders need to be accepted by TRICOTHIUS Lda. The contract of purchase and sale between TRICOTHIUS Lda. and the user will only be formalized when the “Order in Transit” emails is sent.
4) Finally, the order/purchase of the user will be delivered by the logistics agent at the “delivery address” indicated in the process of purchase and with the detailed invoice.
5) The finalization of the online order of the products in the basket, translates an acceptance of their purchase, prices and in the terms determined at www.concreto.pt by the user. The user will only be allowed to make purchases at www.concreto.pt with the prices and terms and conditions set by the website.
6) In the case of TRICOTHIUS Lda., by any motives, cannot accept the order by the user, a right that TRICOTHIUS Lda. has, the user will be informed.
7) TRICOTHIUS Lda. reserves the right to cancel or refuse the purchase of a product by a client, with whom there is any disagreement regarding payment from a previous purchase.
8) The completion of all orders made at www.concreto.pt is subjected to the availability of TRICOTHIUS Lda. to do so, and will try to ensure that all products available online are in stock. TRICOTHIUS Lda. reserves the right to not accept any orders or to cancel orders already confirmed for products that are not available in stock. In these cases, TRICOTHIUS Lda. will inform the user of that fact and will proceed to the reimburse of the amount within 30 days.
9) TRICOTHIUS Lda. will not accept orders/purchases if the following occur:
A) The “delivery address” for orders is limited to Portugal
b) The product is not available in stock (in which case the user will not be able to add it to the basket)
c) The payment is not made trough one of the options available at www.concreto.pt
d) Payment is not made
VI – PRICES
1) All prices of Concreto products, indicated at www.concreto.pt , include taxes over which adds Valor Acrescentado (IVA), of 23% or any tax that, at any moment, results from legal dispositions in effect. The IVA amount will be indicated in the invoice that is sent to the user.
2) The prices of Concreto products, as well as their characteristics, are subjected to change, without previous warning. Not withholding, all changes will be divulged in the website www.concreto.pt with the purpose of keeping users informed, by which is understood that the user read said changes before making a purchase.
3) If any error is verified in the prices of Concreto’s products, both TRICOTHIUS Lda. and the user up until the moment of transit of the order can cancel said order.
4) All prices are always subjected to final validation and in accord in the final invoice regarding the order.
VII -WAYS OF PAYMENT AND SECURITY
1) In order to promote privacy and security of documents and information that are transmitted through the internet, the user will be able to pay for the orders, trough the entry in charge of payments, NOVO BANCO, S.A – Sede AV. Liberdade,195, 1250-142 Lisboa.
2) To the effect, NOVO BANCO, S.A, will make payment available trough bank wire, direct debit, Paypal and credit card (Visa, Master Card) which conditions and terms in reference to the credit card are available in the moment of consult/payment. Credit cards are subjected to verification and authorization by the proper entities. If these do not authorize payment, TRICOTHIUS Lda. will not be responsible for any delay or fault in delivery and will not be able to formalize the contract of sale with the user.
VIII – DELIVERY CHARGES
1) The standard delivery charges for private deliveries and deliveries above €150,00 will be endured by TRICOTHIUS Lda. only in Portugal mainland, according to the current applicable promotional conditions at each moment.
2) The standard delivery charges for retailer deliveries and deliveries above €600+VAT will be endured by TRICOTHIUS Lda. only in Portugal mainland, according to the current applicable promotional conditions at each moment.
XIV – DELIVERY
1) TRICOTHIUS Lda. performs the shipping of the product(s) ordered by the user to the address designated by the user at the order confirmation moment, from Monday to Friday, except for holidays, and within the schedule of the logistics company.
2) TRICOTHIUS Lda. commits to execute the orders between the 2nd day after payment and until a maximum range of 15 days after the payment validation date.
3) TRICOTHIUS Lda. will inform the user in case of unavailability of the product(s) ordered. Also, it will proceed to the refund of the payed amount for the unavailable product(s), within a maximum range of 15 days after the date of awareness of that unavailability.
4) However, the responsiveness of TRICOTHIUS Lda. within the mentioned periods of time depends on the available stock.
5) In case of unavailable transporter for the product’ delivery on the due date, the user will be contacted and informed about the new delivery date.
6) The order is considered to be shipped from the moment on that TRICOTHIUS Lda. delivers it to the transporter, who will be responsible for the delivery to the user, in the following terms:
- The product(s) will be shipped and delivered to the user by the transporter, who is responsible for any delay on the delivery of the order.
- In case of someone’s unavailability of receiving and signing the confirmation at the “address of delivery”, the logistics operator will not deliver any product(s).
- In this case, the user will be contacted by the transporter, who is responsible for the order delivery at issue, in order to schedule a new delivery date for the ordered product(s), which will cost the user an additional minimum of 7,50€.
7) The delivery is considered to be completed or a product(s) is considered to be delivered with the signature of the delivery receipt at the agreed address.
X – RETURNS AND WITHDRAWAL
Delivery withdrawal before the shipment:
1) The user is able to cancel a product(s) order without any associated costs, if this has not been shipped yet.
2) If the user performs an order and wishes to cancel it, it should proceed to the immediate contact of our Customer Support Service, to request the order’s withdrawal through the email email@example.com. The withdrawal of the order is only possible after the previous procedure. In case of a successful withdrawal request, the user will be informed about this decision by email and the withdrawal will not infer any additional costs for the user.
Defective product returns:
1) The user has the right of returning any delivered product(s), as long as this presents flaws or other non-compliances according to the ordered product(s). Therefore, the return of this has to be performed in a range of 14 days after the order reception. This will not affect the remaining legally expected rights.
In case of defect complaint, the client should always previously send a photo of the flaw by email (firstname.lastname@example.org). The recollection will be performed by TRICOTHIUS Lda. (without any additional cost) and a new product(s) will be sent for default replacement, not generating any credit, in case of that product’s availability on stock.
Any order returns (defects or replacements) will receive a return authorization number from THRICOTHIUS Lda. The returned order shall contain the attributed return authorization number displayed in a viewable form on the external side of the packaging. Without the return authorization number, the return will not be accepted and will be returned to the client.
1) The user will be able to return ordered product(s) 15 days after their reception, if:
a) The product(s) were not used yet;
b) The product(s) still holds its original characteristics, as well as its untouched labels.
2) The resulting charges from the order return are endured by the client. An email requesting the order return shall be sent to email@example.com.
3) Once the returned product(s) was received, TRICOTHIUS Lda. will analyze and confirm its preservation state, as well as refund the payed amount by the user without any charges in a maximum range of 15 days, when applicable.
4) If the returned product(s) is damaged or worn-out TRICOTHIUS Lda. has the right not to accept the return and to refuse the refund of this to the client.
1) In case of client dissatisfaction, TRICOTHIUS Lda. is able to exchange the ordered product(s) for another product(s) of identic value or refund the amount payed by the client.
XI – COLORS
TRICOTHIUS Lda. will do every effort to guarantee, that the colors of the product(s) appearing on the website www.concreto.pt are as real and precise as possible. However, we cannot guarantee that your computer displays the exact real colors, as the computers’ displays may vary.
XII – COMPLAINTS
Considering the objective of continuous improvement of our services, TRICOTHIUS Lda. will perform to attend and solve the complaints presented by the user in a period of 5 working days through the email firstname.lastname@example.org.
XIII – WARRANTIES AND AFTER SALES SERVICE
Concreto’s products benefit from a compliance warranty foreseen in the legislation applicable to the sale of consumer goods.
XIV – EXCLUSION AND LIMITATION OF LIABILITY
1) TRICOTHIUS Lda. does not guarantee the constant availability of this service www.concreto.pt and does not take responsibility for the damage resulting directly or indirectly from the use or the impossibility of use of the referred website for any reason, specifically in case of access unavailability, technical issues or mistakes in the telematic networks of data transfer, external intrusion or presence of computer virus. It will neither take responsibility for any technical issues, that might occur in computer equipment used during the link to the internet through the mentioned website.
2) TRICOTHIUS Lda. will alike not take responsibility for any damage resulting directly or indirectly from situations, that are beyond one’s control, meaning any occurrence unrelated to the willingness or control of TRICOTHIUS Lda., that prevents it totally or partly, permanently or temporarily of fulfilling its duties, more specifically strikes, electric network failures, telecommunication service failures or any other service failures, fire, flooding, impossibility of product possession, impossibility of materials or services possession, malfunctions, delay of suppliers or transporters and legislation or administrative regulation changes.
3) TRICOTHIUS Lda. is not responsible for the abusive use of the user’s access, personal and non-transferable data to the website by a third party.
XV – MODIFICATION OF GENERAL CONDITIONS
TRICOTHIUS Lda. holds the right of modifying the current general conditions at any moment after informing about this procedure on the website www.concreto.pt with a publication about the modification of the general conditions.
XVI – PERSONAL DATA
1) The user allows the computerized collection and treatment of your personal data, including all of the data released at the moment of registry on the website www.concreto.pt by TRICOTHIUS Lda.
2) The main purpose of the data provided by the user is the registry on the website www.concreto.pt , the control of access and training, the execution and management of purchase and sales contracts of Concreto’s products.
3) TRICOTHIUS Lda. is the responsible for the personal data processing, which means that service providers of TRICOTHIUS Lda., especially accounting and auditing firms, can equally access this data.
4) The user has the right of accessing and rectifying its data at Concreto’s personal area, at any moment.
5) When using your personal data for advertising means, TRICOTHIUS Lda. warns the user about the possibility of part of your personal data circulating without security conditions around the network with the risk of being seen or used by a non-authorized third party.
6) The user authorizes its personal data collection and computerized processing for the purpose of allowing order shipment and with this related administrative operations’ execution, including its monitoring and user information delivery, aiming the preparation of statistical studies, promotional activities and direct marketing by TRICOTHIUS Lda.
XVII – FORCE MAJEURE EVENT
TRICOTHIUS Lda. will not take responsibility for the violation or the compliance delay of any arising contract obligation, caused by a situation that is beyond one’s reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any situation, action or omission, that is beyond the reasonable control of the seller, especially (but not exclusively), the following:
o Strikes, lock-outs and other labor actions;
o Civil revolution, riot, invasion, terrorist attack, terrorist attack threat, war (declared or not) or war preparation threat;
o Fire, explosion, storm, flood, earthquake, drowning, epidemic outbreak or other natural disasters;
o Railway, maritime transport, air transport, road transport or other public or private means or transport’s impossibility of use;
o Public or private telecommunication network’s impossibility of use;
o Laws, decrees, regulations or government restrictions;
o Any strikes, interruptions or accidents affecting relevant mail or transport services.
The fulfillment obligation of any contract of TRICOTHIUS Lda. will be suspended during the Force Majeure Event period and a time extension of that period with the same time duration will take place. The seller will make reasonable effort to finalize the Force Majeure Event or to find a solution that allows the execution of its contractual obligations, despite the existence of a Force Majeure Event.
XVIII – DURATION
1) The current general conditions apply during the time period of goods supply
through the website www.concreto.pt.
2) The condition mentioned in the previous number doesn’t void the possibility of subsequent review or modification of these conditions.
3) The cancellation declaration of one or more general conditions doesn’t remove the application of the others, neither implies the performed business’ invalidity.
XIX – RECORD AND EVIDENCE
1) The computer record retained in the computer systems of TRICOTHIUS Lda. is considered to be an evidence of contract execution between two parties, as well as of the conditions in which that was executed.
2) The record of order supporting documents and with these associated invoices will be performed in a reliable and durable way.
XX – APPLICABLE LEGISLATION AND JURISDICTION
1) The present general conditions are subjected to the Portuguese legislation.
2) Any emerging issues or disputes about the current general conditions or the contracts these are applicable to or part of, more specifically related to its validity, efficacy, interpretation, integration, application or execution will be submitted to exclusive jurisdiction of the Tribunal Juridicial de Barcelos, strictly resigning every other court.
3) In case of dispute, the consumer may appeal to an Identity of Consumption Dispute Alternative Resolution, which usually corresponds to the Consumption Conflict Arbitration Centre at the consumer’s residence, if appropriate. At the infra link the user might access the network of the existing Consumption Conflict Arbitration Centers in Portugal: http://www.camport.pt/downloads/file2_pt.pdf. A European platform of conflict resolution is also available to the consumer through the access to the internet website http://ec.europa.eu/consumers/odr/.