Terms and Conditions
1 - SCOPE AND OBJECT OF THE GENERAL TERMS AND CONDITIONS OF SALE
1.1 These General Terms and Conditions of Purchase and Sale (hereinafter referred to as"Terms") apply to commercial contracts negotiated (the expression "commercial contracts negotiated" means invoices issued in accordance with current legislation) through the BSK Medical Lda website, placed on thehttps://www.bskmedical.pt website (hereinafter referred to as"website") between our company, BSK Medical Lda. with headquarters atR. Verdinho 180, 4400-333 Canidelo- Vila Nova de Gaia, representative and distributor of the products presented on the website, on an exclusive basis inPortugal, with permanent registration number 3754-7461-8838 and NIPC 510969070, telephone number: (+351) 22 320 6574 (Call to the national landline network),email address: geral@bskmedical.pt.
1.2 The service consists in making available, through the electronic addresswww.bskmedical.pt, information relative to a set of products, which allows theBuyer, through electronic means, to contact by form, the products disclosed there in, under the Terms herein described.
1.3 The order of products must be made by Buyers aged 18 (eighteen) years or more. The elements and information transmitted by the Purchaser shall enjoy full legal effects, the Purchaser recognizing the electronic purchases, and cannot allege the lack of signature for failure to comply with the obligations assumed.
1.4 Each order placed with the Seller via the Internet shall be governed by these Terms.They apply to the exclusion of all other conditions. By placing an order, theBuyer acknowledges that he has read, understood and accepted these Terms without reservation.
1.5 By using this website, the Buyer accepts and agrees to be bound by our Terms of Use and the Internet Privacy Policy. The Seller invites the Buyer to carefully read the contents of this Policy before using the services provided on this website.
1.6 The Seller reserves the right to change these Terms at any time by publishing a new dated version. By placing an order after the Seller has published the new version of its Terms, you agree to be bound by that updated version.
2 - PRODUCT AND CONTENT INFORMATION
2.1 TheSeller will do everything possible so that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. If the Buyer acquires a product that has different characteristics from those presented online, he has the right to withdraw from the purchase contract in accordance with the applicable legal terms.
2.2 We will do our utmost to ship all products ordered, but it is possible that in certain cases and due to causes beyond our control, such as human error or computer system failure, it may not be possible to deliver any products ordered by theBuyer. If any product is not available after the Buyer has placed his order, he will be advised by e-mail or telephone. At that time he will be offered the possibility to cancel the order with a refund if he has already paid for it.
2.3 Allinformation about price, products, specifications, promotional actions andservices may be changed at any time by the Seller.
2.4 Allproducts sold on this website www.bskmedical.pt comply with Portuguese Law.
2.5 This website has adequate levels of security, however the Seller shall not be liable for any losses incurred by the Buyer and/or any third party due to delays, interruptions, errors and suspensions of communications originating from factors beyond its control, including any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or arising from the downloading ("downloading") through the service of files infected or containing viruses or other properties that may affect the equipment of the Buyer and/or third parties.
2.6 Data and information consultations performed on this website are presumed to have been carried out by the Buyer and/or third parties, and the Seller declines all liability arising from abusive or fraudulent use of the information obtained, including intellectual property violations.
3 -REGISTRATION/SUBSCRIPTION
3.1 TheBuyer when registering on this website, must ensure that the mandatory information is correct and complete. If any of the data is incorrect, i.e.insufficient, and for this reason there is a delay or impossibility to process the order, or eventual non-delivery, the Buyer is responsible, and the Seller declines any liability. In case the Buyer violates any of these obligations, the Seller reserves the right to eliminate future purchases, block access to the Online Shop, cancel the supply of any other products simultaneously made available by the Seller to the same Buyer; and, furthermore, not allow future access of the Buyer to any service(s) made available by the Seller.
3.2 TheSeller requires the Buyer to inform him about changes of address or otherchanges and to update his personal details without delay.
3.3 Whenregistering to create an account to use this website, the Buyer will be askedto create a password. He must keep it strictly confidential and not reveal itor share it with third parties.
3.4 TheBuyer is fully responsible for the use of his password as well as any ordersplaced with it, even without his knowledge.
3.5 If theBuyer knows or suspects that someone has learned or used his password, he shallimmediately inform the Seller via the email contacts.
4 - CONTRACTOF SALE
4.1 TheBuyer by placing an order through this website, is making an offer to purchase the products he has selected under these Terms and is therefore expressing his consent and knowledge of these Terms. An offer means filling in the form to submit your order form via our website.
4.2 The order form shall contain all the information required in the form, in particular the specific identification of the ordered products (possibly also a numerical designation of the products and/or indication of the product size),number of ordered items, chosen method of payment and the delivery address and contact information (for delivery, and therefore for invoicing).
4.3 Before the Buyer sends a binding order form, he will receive a description of his order, including the final price (variable depending on the chosen method of payment and method of delivery). The Seller recommends the Buyer to verify the type and quantity of products, his e-mail address and address. The Buyer should bear in mind that this check is his last chance to change the information entered. When you click on the button "Confirm order" you are sending the binding order form. The Seller considers the data entered on the binding purchase order as correct and complete. If the Buyer wishes to make any changes, he must promptly contact the Seller by e-mail or telephone.
4.4 TheSeller will inform you upon receipt of your purchase order. Information(confirmation) of receipt of the order form is sent automatically and is not anacceptance of the order form, unless explicitly stated otherwise.
4.5 If theSeller has doubts regarding the authenticity and seriousness of the order form,it may contact the Buyer for verification purposes. Unconfirmed order may berefused. Such order is not even considered as submitted.
4.6 Ordersplaced are not subject to minimum quantity limits per purchase.
4.7 TheSeller offers his products on this website within the limits of his existing stocks.
4.8 TheBuyer will not be charged for any/all products not in stock.
4.9 Theorder you place on this website does not constitute a binding contract, unlessand until the Seller sends a confirmation by email or invoice.
4.10 TheSeller reserves the right to refuse orders, in particular in situations ofmanifest inability to obtain credit and/or outstanding invoices.
4.11 Thedata recorded by the Seller constitutes full proof of the order and the entiretransaction. The data recorded by the payment system constitutes full proof ofthe financial transactions.
4.12 Uponissuance of the invoice, the Seller undertakes to deliver the productsspecified in the order placed by the Buyer, while the Buyer undertakes to takeover these products and to pay the purchase price as specified in his order.The purchase price (or just price) also includes all costs related to thedelivery of the products and any fees related to the chosen method of payment.The Buyer will be informed of the above costs before sending the bindingpurchase order.
4.13 TheBuyer may cancel an order that has not yet been accepted by the Seller by telephone or email at any time and free of charge. If he cancels an order that has already been confirmed and processed/shipped to the Buyer's address, the Seller is entitled to claim reimbursement of the costs already incurred up to that point.
4.14 The prices of the products presented, packaging, transport and delivery includingVAT are valid as long as they are indicated on the website. Potential discounts on the purchase price may not be cumulative, unless otherwise explicitly stated on the website. In case of a technical error or completely unrelated to theSeller, completely obvious, regarding the price indicated on the website or in the purchasing process, the Seller is not obliged to deliver any products with the obviously incorrect price, not even in case an automatic website information of order acceptance has already been sent, as stipulated in theseTerms. In these circumstances, the Seller reserves the right not to issue an invoice and not to accept the order.
4.15 TheSeller reserves the right to change prices and shipping charges at any time and to cancel a contract in the event of clerical, printing or calculation errors.
4.16 If the price of the products indicated on the website or in the purchasing process is not real, the Seller shall inform the Buyer thereof without undue delay. If the Buyer has not yet received the acceptance information for his order, the Seller is not obliged to issue an invoice and may terminate the contract.
4.17 Ordersthat have already been shipped are not subject to a price change, where thischange occurs between the period starting when the order form is sent andending with the company's acceptance information.
4.18 Paymentsshall be made by the available payments.
5 - PAYMENTS
5.1 Thefixed prices include VAT at the legal rate in force, not being granted, unlessprior agreement between the parties, any discounts.
5.2 Paymentsof orders may be made by bank transfer or on delivery.
5.3 If theBuyer opts for the bank transfer method, this payment must be made before theSeller sends the order, and the Seller will only send the products afterreceiving the respective transfer into his bank account.
5.4 Paymentis only possible in Euros (EUR).
6 - DELIVERY
6.1 Allorders confirmed by the Seller will be delivered to the address that the Buyerspecified for delivery when placing his order.
6.2 Thedelivery time of the order always depends on product availability, the shippingmethod and the payment chosen.
6.3 TheSeller makes every effort to ensure deliveries within the following deadlines:products available and in stock are generally delivered by a carrier within 3to 5 working days. In case of Buyer opting for the method of payment by banktransfer, this period will be counted from the moment the payment is creditedto the Seller's bank account.6.4 Productsnot available in stock will be delivered by a carrier as soon as possible. TheSeller will inform the Buyer about the exact date a posteriori. The Buyershould take into account that the Seller cannot control the delivery time ofexternal carriers.
6.5 Anycomplaint regarding delivery must be reported directly to the carrier.
6.6 Deliveryof the products covered by these Terms means the time when the products aredelivered to you. If, the Buyer refuses to accept the products without justcause, such non-acceptance shall not be deemed a failure of the Seller'sobligation to deliver nor a cancellation of the contract by the Buyer.
6.7 Theproducts are deemed to be delivered from the moment they have been delivered bythe carrier.
6.8 If theorder has to be delivered repeatedly or by other means of delivery due topersonal issues of the Buyer, the Buyer shall pay the costs associated with thenew delivery in advance in order to be able to receive for new deliveryattempt.
6.9 If theBuyer does not accept the order, The Seller is entitled to reimbursement of the costs associated with the delivery or redelivery, its storage, as well as other costs arising from the non-acceptance of the delivery of the order. Furthermore, in this case, the Seller is entitled to withdraw from the contract.
6.10 Deliveries can be made Worldwide.
7 - CHECKING THE GOODS
7.1 It is the Buyer's responsibility to check the quantity and condition of the good sup on delivery.
7.2 If you detect any damage or missing items, you must immediately notify and complain to the carrier upon delivery, and you reserve the right not to accept the order from the carrier. He shall also immediately notify the Seller.
7.3 If theBuyer refuses to deliver damaged packaging, this shall not be deemed to constitute an unjustified refusal of the order.
7.4 By signing the delivery note (or similar document) the Buyer acknowledges that the packing is not damaged. The warranty claim, on the ground that the packaging is damaged, is no longer possible at that point.
7.5 From the moment the Buyer receives the order (or from the moment he was obliged to receive the order but refused to do so, contrary to the agreement in the contract) the responsibility for accidental destruction, damage or loss of the items passes to the Buyer.
8 -RETURNS/EXCHANGES
8.1 The ordered goods will be delivered to the address indicated by the Buyer, and the shipping costs will be borne by the Buyer.
8.2 The ordered goods will be delivered within the deadlines referred to in clause 6.3by a service provider acting on behalf of and for the account of the Seller, appointed for this purpose.
8.3 It is the Buyer's responsibility to check the quantity and condition of the goods at the time of delivery.
8.4 TheBuyer may withdraw from the contract within 14 days from the day of receipt of the order; if the delivery is divided into several parts, from the date of the final delivery. The Seller recommends that you send a notice of withdrawal from the contract to your address or via e-mail. Acceptance of the notice of withdrawal from the contract will be confirmed to the Buyer by the Seller without undue delay.
8.5 TheBuyer may withdraw from the contract without stating any reasons.
8.6 TheBuyer may not terminate a contract as stipulated in the current law in thefollowing situations:
(a) the supply of goods manufactured according to its specific or obviously customized requests;
b) the supply of sealed products that are not suitable for return due to health and hygiene prevention issues and that have been opened, in violation of the sealing, after delivery.
c) thesupply of products that have been contaminated/dirty through Buyer's misuse dueto health and hygiene prevention issues.
8.7 Through termination, the contract is cancelled from its beginning and is considered as never completed.
8.8 If any offer is provided together with the order, such promotion contract is void upon termination of the contract by either party. The Buyer is obliged to return the offer together with the returned order.
8.9 If theBuyer terminates the contract, he is entitled to obtain the amount paid for his order (provided he meets the conditions set out in this article 8). The Buyer must take into account that he will not have the possibility to exchange the products after termination. If you are interested in other products from the online store, you will need to place a new order.
8.10 It ismandatory to return the order within 14 days from the termination of thecontract to the address of the Seller's establishment or head office. The Buyermay not send orders on collection/counter-refund. The Seller reserves the rightnot to accept orders sent on collection/counter-refund. Returned orders must beintact, unused and unpolluted and, if possible, in the original packaging.
8.11 For thereturn of the products the Purchaser shall attach:
a) a copy ofthe delivery note and invoice, if these documents have been issued, or anyother document proving the purchase of the products;
b) a writtenstatement terminating the contract and informing about the IBAN so that theSeller can make the respective transfer. The Buyer must indicate in thedeclaration name, VAT, delivery address, telephone number and e-mail. Byaccepting these Terms the Buyer is expressing his consent for the refund asmentioned herein.
8.12 Failureto provide any of these documents mentioned above shall in no way impede theBuyer's rights under the law.
8.13 TheSeller will refund the amount received within 14 days after termination of the contract and after receipt and verification of the goods. The Buyer must take into account that the Seller is under no obligation to refund him before receiving the returned goods or obtaining proof of their return.
8.14 When returning the order, the Buyer must pack it in suitable packaging in order to avoid damage or destruction. Products substantially damaged or destroyed during transportation will not be fully refundable. In the event that the returned products are damaged, worn, soiled or partially used up, the Seller reserves the right to claim. The Seller further reserves the right to unilaterally compensate for the damage by deducting from the refund amount as it sees fit for the damage.
8.15 TheSeller reserves the right to withdraw from the contract in the following cases:
a) when thepurchase price of the products, on the website, is obviously incorrect, due toa technical error or completely unrelated;
b) when theproducts cannot be supplied on the terms initially presented (mainly becausethe products are no longer manufactured);
c) whenproduction is obviously impossible or illegal.
d) If any ofthe above situations occur, the Seller shall notify the Buyer of itstermination of the contract without undue delay. The rescission takes effectafter the moment of communication. If the Buyer has already made full orpartial payment, the Seller will refund to the bank account provided for thispurpose. The refund is made within five days after termination of the contract.
9 -COMPLAINTS/COMMUNICATIONS
9.1 In caseof doubts or complaints, the Buyer can and must contact the Seller through hiscontacts(a)Telephone: (+351) 22 320 6574 (Call to the national fixed network)b) Address:R. Verdinho 180, 4400-706 Canidelo, Vila Nova de Gaia c) Email:geral@bskmedical.pt.
9.2 TheBuyer may submit any contractual dispute to the arbitration and mediationmechanisms that are or will be legally constituted.
9.3 For the resolution of any dispute arising out of the purchase and sale contract, both parties,Buyer and Seller, choose as of now as competent, with exclusion of any other jurisdiction, the Court of Oporto. The sale and purchase agreement is governed by Portuguese Law. The sale and purchase agreement can only be altered or amended in writing.
10 - FINAL PROVISIONS
10.1 If any provision of these Terms is invalid, ineffective or unenforceable (or becomes so), the legal provision that, by its meaning, is closest to the valid, effective or enforceable provision shall apply. The invalidity, ineffectiveness or un enforceability of one provision shall not affect the validity of there maining provisions.
These Terms are effective as of 07-14-2017
