TERMS AND CONDITIONS
The present terms and conditions (hereinafter "Terms and Conditions") regulates, exclusively, the contractual relations established between all users of the site shop.ricardomilton.pt (hereinafter "Customer") and RICARDO MILTON – PRODUÇÃO E COMÉRCIO DE TÊXTEIS-LAR, LDA., based at Rua da Capela, 50, 4615-191 Figueiró (Santiago), Amarante - Portugal, and bearer of tax number PT 506 411 516 (hereinafter "RICARDO MILTON, LDA.").
The Terms and Conditions are the only contractual conditions to be applicable in any contractual relationship established between RICARDO MILTON, LDA. and the Customer, and supersede any and all other contractual conditions, unless the Parties have agreed in writing, prior and expressly, a different solution.
RICARDO MILTON, LDA. may, in due course, modify certain provisions of its Terms and Conditions, therefore the Customer must read the Terms and Conditions carefully in each visit that he promotes in the site shop.ricardomilton.pt (hereinafter "Site").
The Customer shall not validate any request submitted in the Site if it does not consider itself duly informed and clarified regarding the content and scope of the Terms and Conditions.
By validating any request submitted on the Site, the Customer is automatically accepting the Terms and Conditions.
By using the Site, the Customer undertakes to comply with the Terms and Conditions, which have been prepared in compliance with the provisions of Portuguese Decreto Lei no. 7/2004 of 7 January and Law no. 24/96, Of 31 July.
Article 1: Ordering
The sale of the products will be done through the internet, more precisely through the site shop.ricardomilton.pt.
RICARDO MILTON, LDA. reserves the right to cancel or refuse an order from a Customer with whom it is in dispute regarding the payment of an earlier order.
RICARDO MILTON, LDA undertakes to accept the order and sale of the product under the terms of these Terms and Conditions.
The Customs declares that he has taken note of and accepted these Terms and Conditions before completing his order. The conclusion of an order corresponds to the acceptance of these Terms and Conditions.
Unless otherwise substantiated, the data recorded by RICARDO MILTON, LDA constitutes proof of all the transactions carried out by RICARDO MILTON, LDA and their Customers.
Article 2: Essential Product Characteristics
The products disclosed on the Site are in compliance with the applicable legislation in force at the date of such disclosure.
RICARDO MILTON, LDA. shall ensure that the photographic images of the products faithfully represent the articles offered for sale. Each product is accompanied by a detailed and exact description that allows to know the main characteristics of the same.
In case of a manifest error between the characteristics of the product and its representation, the Customer has the right to return it and request a refund, in accordance with Article 8, and may trigger the legal guarantees provided for in Article 9.
Article 3: Prices
The prices of the disclosed products are communicated in euros, with taxes included. The indicated price value excludes, however, the amount of the shipping costs of the ordered product (delivery fees), which must be assumed by the Customer. The amount of the postage will be indicated at the moment of the final validation of the order (see conditions of delivery).
RICARDO MILTON, LDA. reserves the right to change the price of its products at any time, always being the products invoiced based on the price tables in force at the time the Customer makes the order.
From the completion of the order to the validation of the payment, the product is owned by RICARDO MILTON, LDA.
Article 4: Availability of Products
The offer of the products, as well as the prices corresponding to them, are valid as long as they are accessible on the Site, taking into account the availability of the stocks verified at the time of the order.
Therefore, information on the availability of the products will be provided at the time of placing the order.
In case of unavailability of the product after the order is placed, the Customer will be informed, by e-mail or by telephone, of the delivery of the partial order or the cancellation of the respective order. In this case, the Customer will be refunded the amount paid for all or part of the order, within a maximum period of 30 days after the unavailability by RICARDO MILTON, LDA. In these situations, the refund will be made according to the methods of payment used by the Customer at the time of purchase.
Article 5: Payment
Ricardo Milton, Lda. offers to the Customer several payment methods:
Through the entity Stripe (you can consult the general conditions of the entity at https://stripe.com/pt/legal):
- Visa, Mastercard, American Express and Apple pay
- Through the entity Eupago (you can consult the general conditions of the entity at http://eupago.pt/termos):
- Referências multibanco (Portugal only)
Article 6: Delivery
6.1 GENERAL ASPECTS
RICARDO MILTON, LDA ships its products to mainland Portugal and to the islands of the Azores and Madeira and also the entire European Union, from its website.
RICARDO MILTON, LDA. does not deliver in post boxes.
Delivery times depend on the order processing time, usually between 24h to 72h, to which delivery time should be added, which may vary depending on the courier.
The delivery date is an indicative date of delivery. The delivery date cannot be a reason of claims, since the delivery of the orders depends on the transport companies contracted for this purpose, but this will never occur after thirty days from the date of validation of the request.
The products are shipped to the address indicated by the Customer at the time of purchase, unless at the time of purchase the shipping warehouses are closed for holidays, which normally occur in the last two weeks of August and in the last week of the year. In order to optimize delivery, you are advised to indicate an address to which the order can be delivered within working hours.
RICARDO MILTON, LDA. reserves the right to split the shipment. The costs of management and delivery will be invoiced in a single shipment.
6.2 DELIVERY WAYS
Expeditions are made from Monday to Friday inclusive (except holidays). These are carried out through the following carriers:
- Portugal and Spain: “TIPSA” http://www.tip-sa.com/agencias/agencias-de-transporte
- Remaining countries of the European Union: “UPS” https://www.ups.com/dropoff
6.3 DELIVERY PROBLEMS
In case of delay or failure to receive the order, Customer may contact our Customer Support Services on the RICARDO MILTON, LDA. website, by sending an e-mail, in the "Contact" area.
If the order is returned to our premises after verification of an attempt of delivery, (for example, because the recipient's address is incorrect), the Customer may request a new delivery from RICARDO MILTON, LDA., within a reasonable period of time, by registered letter with acknowledgment of receipt or other written document.
In the event that the Customer does not request RICARDO MILTON, LDA. a new delivery within fourteen (14) days after the completion of the order, RICARDO MILTON, LDA. Will cancel the order and refund the amount paid to the Customer's bank. Rescheduling deliveries, and unsuccessful deliveries by reason imputable to the Customer, may generate an additional fee that will be charged to the customer.
At the time of delivery, Customer shall:
- Check that the packaging is in perfect condition.
- Verify that the product is in conformity to the order made, and that it does not show visible defects. If there is no disagreement, accept delivery.
- If there is any inconsistency, ie. an error in the product requested, or a visible defect, you must refuse delivery and fill in the form for these cases, stating the problem.
- Return the packaging(s) and all of its contents to the consignee (carrier).
Article 7: Special Conditions:
Ricardo Milton, Lda. reserves the right to offer the shipping costs associated with the orders.
Any misuse and/or breach by the Customer of the obligations assumed by these Terms and Conditions may lead to the suspension or termination of the Customer account depending on the degree of severity of the behaviours adopted.
Article 8: Deadline for free resolution:
Under the terms of the Portuguese Decreto-Lei no. 24/2014, the consumer Customer has a period of 14 days to exercise its right of free termination of the contract.
This term is counted from the date of receipt of the products.
There is no need for a reason to exercise the right of free termination of contract, in the terms referred to in this article.
To exercise this faculty of free resolution, you should contact:
- By email to email@example.com;
- By phone: +351 255 496 810 (Monday to Friday, from 9:00 a.m. to 12:30 p.m. and from 2:00 p.m. to 6:30 p.m. GMT)
Under the terms of the Portuguese Decreto-Lei no. 24/2014, the following cases do not confer the right of free resolution to the consumer:
· Supply of goods whose price depends on fluctuations in the financial market that Ricardo Milton, Lda. Can not control and that may occur during the term of free resolution;
· Supply of goods made according to consumer specifications or clearly personalized;
· Supply of sealed goods not subject to return for reasons of health protection or hygiene when opened after delivery;
8.3 Return of products:
8.3.1 In the scope of the right of free resolution:
In case of exercise of the right of free termination of the contract, the Customer may return to Ricardo Milton, Lda. the purchased items, within a maximum period of 14 days from the date in which he has notified the termination of the contract, in the following terms:
The Customer has the right to inspect, with due care, the nature, characteristics and operation of the products purchased. However, if you have exercised the right of free termination of the contract and wish to return the purchased products, you will be held liable for the depreciation of the products whenever the manipulation carried out to inspect the nature, characteristics and operation of the products exceeds the manipulation usually admitted in a commercial establishment.
The products must be properly protected when returned, must be returned under proper conditions of use, cannot be damaged, dirty or with traces of handling that exceeds the usual handling allowed in a commercial establishment, and must be accompanied by all possible accessories.
Likewise, returns of products in packages that do not allow the identification of the consignor (name, surname, address, order number) will not be accepted.
Expenses and charges for returns are the sole responsibility of the Customer. (Provided for in article 13 of Portuguese Decreto-Lei no. 24/2014, of 14 February), except if other specific conditions may be in force and published on the site, namely under "free returns" clause.
If the right to a "free return" is in force, you should contact us through the means mentioned in article 8.1.
The exercise of the right of withdrawal will lead to the reimbursement of the articles (within a maximum period of 14 days).
Please keep the return shipping receipt, ie. a written statement from a carrier or postal service indicating the sender and recipient of your return. In case of not receiving your return in our warehouses, we can ask for your proof of shipping.
The article (s) should be returned to the following address:
· RICARDO MILTON – PRODUÇÃO & COMÉRCIO DE TÊXTEIS-LAR, LDA.
Rua da Capela, n.º 50
4615-191 Figueiró (Santiago)
The return process may last 15 days.
It is advisable to add to the returns a duly completed and signed return form, whose form must be requested by contact through the web page or to the email firstname.lastname@example.org. You should return your products to the address indicated on the return coupon.
If the "Free Returns" condition is not in force, they can be made through the carrier you wish. However, it is recommended to send in registered letter or with notice of receipt of the post and the subscription, if necessary, of an insurance with the carrier in the value of the products to prevent any loss or damage.
Ricardo Milton, Lda. also offers you the possibility to return your products in our main address, however, the exchanges cannot be made in the store.
For all returns, you can contact the Customer Support Service by email (email@example.com), where we will provide you with all the information necessary for the smooth running of the procedure.
8.3.2 By reason of defect or non-conformity:
In the case of defective and/or non-conforming articles, Ricardo Milton, Lda. is responsible for replacing the article in cases where stock availability occurs. In case of unavailability of stock, Ricardo Milton, Lda. will promote the full refund of the amounts paid by the Customer.
If, however, after receiving the products returned in our warehouses, if it proves that the returned articles are not defective and/or non-conforming, Ricardo Milton, Lda. may choose to accept or not to return the product in question.
In this situation, if Ricardo Milton, Lda. has chosen to accept such a return, a penalty of 15 euros will be applied to the Customer, to be deducted from the amount of the refund due on account of the acceptance of the return.
The exercise of the right of free resolution will give rise to the refund of the articles (within a maximum period of 14 days from the date that the Customer has notified the resolution of the contract), deducted from the value of the depreciation of the product.
The refund may, however, be retained by Ricardo Milton, Lda. as long as the returned product is not received by the latter.
The refund will be made preferably by the same payment method used by the Customer upon the purchase, by bank transfer, and/or discount voucher depending on the mode of payment used at the time of purchase.
The partial return of a part of the ordered products will only determine the refund of the value or of the articles returned. The original shipping costs will not be refunded in this case.
In the event of a partial refund of a payment made using the discount voucher(s), the voucher(s) will be credited back to Customer's account with priority over the monetary amount.
Please note, however, that banking law does not allow us to make a refund for a credit card whose expiration date has been reached. In this case, our Customer Service will contact the Customer to request any other element that allows us to reimburse you within the best time limits.
Items returned incomplete, damaged or dirty by customer will not be accepted.
Article 9: Warranty
9.1 Legal warranty – Portuguese DL 67/2003, of April 8, which approved the Legal Regime of the Sale and Warranty of Consumer Goods.
Ricardo Milton, Lda. assumes to its Customers the legal warranty of conformity and the warranty regarding defects of the products sold. Ricardo Milton, Lda. reminds its Customers of the provisions of said legal regime:
Compliance with the contract:
1. The seller has the duty to deliver to the consumer goods that are in conformity with the sales contract.
2. Consumer goods shall be deemed to conform to the contract if:
a. They respect the description given to them by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample;
b. They are appropriate to the specific use for which the consumer intends to do so and of which he has informed the seller when he has concluded the contract and has accepted it;
c. Are appropriate to the uses customarily given to goods of the same type;
d. Present the usual qualities and performance of goods of the same type and which the consumer can reasonably expect, having regard to the nature of the goods and, where appropriate, to public statements concerning their specific characteristics made by the seller, the producer or his representative, Advertising or labelling.
3. A lack of conformity within the meaning of this Article shall not be deemed to exist if, at the time when the contract is concluded, the consumer is aware of this lack of conformity, cannot reasonably be disregarded or if it results from the materials supplied by the consumer.
1. The seller shall be liable to the consumer for any lack of conformity which exists at the time when the goods are delivered to him.
2. In the event of a lack of conformity, the consumer shall be entitled to have the conformity of the goods restored without delay by repair or replacement, to an appropriate reduction of the price or to termination of the contract in respect of that good , In accordance with the Portuguese DL 67/2003.
3. First, the consumer may require the seller to repair or replace the goods, in any case without charge, unless this is impossible or disproportionate.
4. A solution is presumed to be disproportionate if it involves costs to the seller which, in comparison with the other solution, are unreasonable, taking into account:
· the value that the good would have if there were no lack of conformity;
· the importance of lack of conformity;
· the possibility of the alternative solution being implemented without serious inconvenience to the consumer.
· The repair or replacement must be carried out within a reasonable time, and without serious inconvenience to the consumer, taking into account the nature of the property and the purpose for which it is intended by the consumer.
9.2 Commercial Warranty
The commercial warranty is the contractual commitment of a professional to the consumer, for the repayment of the purchase price, replacement or repair of the property, in addition to its legal obligations to ensure the conformity of the same.
Some products are subject to a commercial warranty from the supplier. In such cases, it shall be specified in the product file concerned.
If no warranty is specified on the product, then the product is not covered by any commercial warranty.
For more information about the commercial warranty of your product, you can contact Customer Service.
Article 10: Personal Data Protection
Registration on the Ricardo Milton, Lda. Website, implies acceptance of these Terms and Conditions.
Ricardo Milton, Lda. may be required to communicate registered information to its trading partners, so that the user may thus receive commercial offers from third parties. In this connection, it is indicated that, except when expressly refused by the customer, the data may be communicated to the commercial partners of Ricardo Milton, Lda.
The personal data (address, e-mail and telephone) can be transmitted to third parties to guarantee a good delivery of the order.
However, with respect to the electronic address, it may only be communicated to such partners with the express consent of the Customer.
Subsequently, the Customer retains the possibility to refuse access to such data, expressing its refusal, by e-mail, to firstname.lastname@example.org
10.2 Hosting of Customer's Personal Data
The personal data of the Customer is stored in the server of Ricardo Milton, Lda.
10.3 Customer Rights
In accordance with European legislation on the protection of individuals under the processing of personal data and the free circulation of such data, he has the right of access, modification, rectification and deletion of data concerning him. To exercise this right, please contact:
Ricardo Milton – Produção & Comércio de Têxteis Lar, Lda.
Rua da Capela, n.º 50
4615-191 Figueiró (Santiago)
Do not forget to mention all your details (name, surname, e-mail address and, if possible, customer number ...) so that we can do what is necessary in greater detail.
Article 11: Applicable law and jurisdiction
These Terms of Sale are governed by Portuguese Law.
In the absence of resolution by agreement of the parties, any litigation arising from these General Conditions of Sale will be submitted to the competent Portuguese Court – locally at Amarante.
If, as a consumer, you consider that your Rights have been violated, you may address your complaint to the email address email@example.com, in order to appeal an out-of-court settlement. In this sense, if the transaction between you and our company has been completed through our website, we inform you in accordance with EU Regulation No. 524/2013, that there is the faculty to try to resolve any litigation in an extrajudicial way through access to the electronic platform for conflict resolution in Line at http://ec.europa.eu/consumers/odr/
Ricardo Milton, Lda. Is not responsible for delays or non-compliance with the contract for reasons of force majeure.