terms and conditions

general sales conditions

Related to CUNHA & MENDES CUNHA, LDA, headquartered at Av. Do Brasil No. 82-101, 4820-121 Fafe – Portugal, corporate company with VAT Nº PT 501483390, with telephone contact +351 253 597 958 and email address cmc@cmc.pt

1. APPLICATION

1.1 These General Terms and Conditions apply to all visitors to the CUNHA & MENDES CUNHA, LDA website (hereinafter referred to as “CMC”), – cmc.pt (hereinafter referred to as “Site”) and to any other commercial transaction made through the Site’s online store

The navigation on the site, as well as the purchase of any product through it implies the acceptance of the present General Conditions of Contract and Use by the User and the Client

Before ordering any product on our Site, please read these Terms carefully and print or retain a copy for future reference.

CMC reserves the right to revise and amend the General Terms and Conditions at any time without prior notice, provided that they comply with the provisions of Decree-Law 24/2014 of 17-02, as amended by Law 47 / 2014, 28-07.

2. INFORMATION ON CONTENTS

Article 4 of Decree-Law 24/2014 of 17-02, as amended by Law 47/2014 of 28-07

The reproduction, transfer, distribution or storage of the contents of the site cmc.pt without prior written authorization granted by CMC is prohibited for purposes other than strictly personal use.

CMC reserves the right to modify at any time the information and commercial offer presented on: products, prices, promotions, commercial conditions and services.

Every effort has been made to ensure that the information presented is free from typographical errors. Nevertheless, if these occur, CMC will proceed to the correction as soon as possible. Obvious errors such as price, calculation or typographical errors in CMC offers, promotions, folders, brochures, catalogs, order confirmations, invoices, and other written statements are not binding.

The photographs of the products presented in the site are only illustrative. As such, CMC recommends that the Customer consult the detailed description of the product in order to obtain complete information about its characteristics, as well as request more precise information, if it so wishes

3. OFFER AND AGREEMENT

3.1 The offers and promotions contained in the Site do not imply any obligation. By completing your order on the Site, you are making a binding offer to purchase the product(s). All orders are subject to acceptance by CMC and the agreement between you and CMC will only be executed when CMC commences compliance with the Contract. If the ordered products are no longer marketed or there is a stock break, CMC will inform you of this and reject the order. If possible, we can substitute other products of similar nature and quality.

3.2 The prices shown are in euros. The availability of the products presented in the Site is limited to the existing stock at any time.

4. DELIVERY COSTS

Charges will be charged for delivery of the ordered products, unless otherwise indicated. There is no possibility of refusing delivery or the costs related to it. The delivery value is indicated on the Site.

5. PRICES AND PAYMENT

Article 4 of Decree-Law 24/2014 of 17-02, as amended by Law 47/2014 of 28-07

5.1 The applicable prices are the prices of the products displayed on the Site. All products contain an indication of the price without VAT or with VAT included in Euros. The delivery costs as well as all other additional costs are listed separately on the Site. You can make the payment through Credit Card, PayPal, Bank Transfer, MB Reference or Cash in case of picking up the order in our facilities. In occasional cases CMC may restrict payment to Wire Transfer only.

Bank transfer

After you place your order, you will receive a confirmation email that includes the CMC bank information so that you can proceed with the transfer. After completing the transfer, please send an email to cmc@cmc.pt with proof or confirmation, mentioning the order number.

Your order will be processed as soon as payment is processed in our account.

6. DELIVERY AND COLLECTION

6.1 The CMC shall endeavor to inform you of the expected delivery dates immediately upon completion of the order, however, the maximum delivery period will never exceed 60 days.

6.2 The delivery period starts on the day the contract is concluded, as provided in article 3.1., unless otherwise agreed by the parties.

6.3 If any item is damaged or missing in your order, please contact us at +351 253 597 958, within 5 days of delivery. If any product is damaged in the act of delivery, you must record the incident with the carrier’s official. The product will be collected within 14 days from the day the Customer reports the incident to us, unless otherwise agreed.

6.4 Products are delivered to the address specified at the time the order is placed and the products ordered. The ownership of the acquired goods passes to the Client with the full payment of the order. The risk of loss or damage of the goods is transferred to the Customer at the time of delivery.

6.5 The Products will be delivered (by a carrier) to the address indicated by the Customer. If you choose to place your order in more than one ordering process, different delivery times may apply.

6.6 Deliveries in Continental Portugal

6.6.1 Deliveries are made between 9:00 am and 6:30 p.m. and it is not possible to indicate the exact time of the delivery. The day before the order is dispatched, you will receive an e-mail with the invoice and more information about the shipping and delivery conditions. The products will only be delivered in person, can not be left in entrances, porches or other places outside the house

6.7 Delivery in the Islands (Azores and Madeira)

6.7.1 Normally, shipments are made by the carrier with whom CMC works. Shipping costs are calculated on a case-by-case basis. Upon confirmation of the order, the Customer will be informed of the respective amount. Alternatively, in the case of a written agreement between the Customer and CMC, orders may be delivered to national freight forwarders.

7. WARRANTY AND COMPLAINTS

Article 4 of Decree-Law 24/2014 of 17-02, as amended by Law 47/2014 of 28-07

7.1 The Customer always has legal warranty rights, for the equipment to which the law requires, during a period of 24 (twenty four) months from the date of delivery of the product to amateur customers and 12 (twelve) months from the date of delivery of the product to professional customers, under the terms and conditions of the law.

7.2 In the event that Customer wishes to make a claim under an additional warranty provided by CMC, shall inform the CMC of the defect as soon as possible and, in the latter case within two (2) months after it has been possible to reasonably discover the defect, failing which the right to make any claim under the warranty will be lost. Complaints regarding perishable goods must be made within 48 (forty eight) hours after delivery.

7.3 Under the additional warranty of the CMC relating to its proprietary products, claims may be made in respect of defects in material or workmanship. A valid claim gives rise to a free repair or replacement of the Products, according to the CMC criteria. If repair or replacement is not possible or reasonable, taking into account the costs involved, CMC has the right, as a final solution, to reimburse the costs.

7.4 After reporting the defect, Customer must allow CMC to review the Products. Defective Product inspection occurs at CMC facilities. The transportation and refund costs will be borne by CMC, unless the warranty claim is denied, in which case you must pay transportation costs.

7.5 Any defects in the Products that result from normal wear and tear or any other external cause, such as, but not limited to, damages for transportation made by Customer, misuse, or if Customer has made any repairs to the product without the prior written consent of CMC, will not be covered under warranty unless such use or repair is inherent in the use of the Products.

8. RESPONSIBILITY AND INDEMNIFICATION

Article 4 of Decree-Law 24/2014 of 17-02, as amended by Law 47/2014 of 28-07

8.1 CMC liability is limited, to the extent permitted by law. The CMC will never be liable for any damages of the Client if:

a. Damage results from non-compliance with the producer’s liability, unless CMC is legally liable under the law;

b. Damage is indirect and / or consequential damages.

8.3 In the event of damages, you are required to limit, as far as reasonably possible, any additional or other damages.

9. RIGHT OF RETURN OR RESOLUTION

Articles 4, 10 to 14 and 17 of Decree-Law 24/2014 of 17-02, as amended by Law 47/2014 of 28-07

9.1 You have the right to terminate or terminate the agreement within 14 days of the date on which the Customer or a third party on your behalf, acquire the physical possession of the good, or the ultimate good in the case of several goods ordered in a single order and delivered separately. You may exercise the right of withdrawal to: CUNHA & MENDES CUNHA, LDA, Av. Do Brasil Nº 82-101, 4820-121 Fafe – Portugal, +351 253 595 210 and cmc@cmc.pt, indicating the decision to terminate this contract by an unequivocal statement (for example, letter sent by post, fax or e-mail), to be sent before the deadline referred to in the previous paragraph.

Resolution Effects

If Customer resolves the contract, we will refund all payments received, including delivery costs (with the exception of the additional costs resulting from the choice of a type of shipment other than the cheapest mode of normal delivery made available by us), without undue delay and, in any case, within 14 days of the date on which we are informed of the decision to terminate this contract. We will refund using the same payment method used in the initial transaction, unless otherwise expressly agreed. In any case, Customer does not incur any costs as a result of such refund. We reserve the right to withhold the refund until we have received the Products returned or until it has been submitted proof of the delivery of the articles, whichever occurs sooner.

Return of Articles

If the Customer chooses to exercise the right of withdrawal, the Customer shall bear the cost of returning the goods.

Liability and Warranty

The Customer is only responsible for the depreciation of the articles resulting from a different handling than is necessary to verify the nature, characteristics and operation of the articles.

9.2 In order to exercise the right of withdrawal, the Client must issue an unequivocal statement to the CMC stating that it intends to terminate the contract.

9.3 All products containing fast wear consumables (for example: abrasives or cutting tools) can only be exchanged / returned by replacing these consumables. CMC reserves the right to charge / retain costs for the content of those consumables used by Customer.

9.4 Your right of withdrawal does not apply: to the supply of products made according to the specifications of the consumer or clearly personalized; the supply of products susceptible to rapid deterioration; the supply of non-returnable products for reasons of health or hygiene protection and to which the seal has been removed after delivery; if the execution has taken place with the prior express consent of the consumer and the recognition that he thereby loses his right of withdrawal;

Customer Service

Pho:. +351 253 597 958
Mob:. +351 939 806 406
Email:. cmc@cmc.pt

Customer Service

Pho:. +351 253 597 958
Mob:. +351 939 806 406
Email:. cmc@cmc.pt

error:
0