1. SCOPE, DEFINITIONS
1.1. For the business relationship between BBQPortugal (Toldos Chique Unipessoal Lda.), Fornalhas, C.P. 407-P, 8200-477 Paderne / Portugal (“we” or “us”) and the Customer in connection with the BBQPortugal online shop at the URL www.bbqportugal.com (“Online Shop”), the following terms and conditions apply exclusively (“Terms & Conditions “) in the version valid at the time of the respective order.
1.2. The online shop is exclusively for customers who have their habitual residence, a delivery address and a billing address in the EU and are consumers in the legal sense, i. E. natural persons who purchase the goods for personal or family use. The online shop is not aimed at minors.
2. CONCLUSION OF CONTRACT, PRODUCT PRESENTATION
2.1. The presentation of the assortment in the online shop does not constitute a legally binding offer, but an invitation to the customer to submit his own offer to conclude a purchase contract. Please note that the colors of the products may differ from those in the online shop.
2.2. Your order is made by inserting the selected products in the shopping cart and sending the order by pressing the button “BUY NOW”. By submitting you submit a binding offer to conclude the purchase contract regarding the products in the CorkArt shopping cart. Before sending the order form, you can review your selection and details and correct any input errors.
2.3. You will then receive a confirmation e-mail confirming receipt of your order. This receipt only documents that your order has been received by us and does not constitute acceptance of your contract offer.
2.4. The contract is only concluded if we have sent you within five days after the order either a separate declaration of acceptance by e-mail (“purchase confirmation”) or a shipping confirmation of the goods ordered by you. About ordered products, which are not listed in the purchase confirmation or the shipping notice, no contract is concluded. This may also affect products that are offered in the online store, but e.g. are not available upon receipt of your order.
2.5. Your contractual partner is the sole proprietorship Toldos Chique Unipessoal Lda., Fornalhas, C.P. 407-P,
8200-477 Paderne / Portugal.
3. PRICES, PAYMENT, SET-OFF, RETENTION RIGHT AND OWNERSHIP
3.1. All prices quoted in our online shop are in EURO and are inclusive of VAT. Decisive for the prices of the products are the prices indicated at the time of the order.
3.2. The shipping costs to be borne by you are stated in the BBQPortugal shopping cart before sending your order.
3.3. Payment for orders in the online shop can only be made via PayPal, credit card or prepayment. In case of payment by credit card we accept Visa, Mastercard and American Express.
3.4. The payment of the purchase price is due immediately after conclusion of the contract. When paying by credit card, we deduct the payment amount directly after the conclusion of the contract from the credit card.
3.5. When paying in advance (aprepayment), the delivery of goods ordered will be made only after the full invoice amount has been credited to the account provided by us. This payment must be made within 7 working days after sending the purchase confirmation. The purchase confirmation is insofar conditional, that is, the purchase contract and the obligation to deliver omitted if the payment is not received in time. Late arrivals are another offer to conclude the contract and can be accepted by us as described in Section 2.4. If no acceptance is made, the amount will be refunded immediately and the order is without meaning.
3.6. Until full payment remains the property of delivered goods.
4. SHIPPING AND HANDLING
4.1. Unless otherwise agreed, the goods will be shipped to the delivery address specified on the order using the shipping method chosen by you. Partial deliveries are permitted within the limits of what is reasonable for you. For partial deliveries, we refer to this in the shipping confirmation.
4.2. Shipment is by ChronoPost. The delivery usually takes place within two to three working days within Portugal and 1 week within the EU and is delivered to the address specified by the customer. If the ordered product is not available in stock, contact the customer.
5. RETURN RIGHT
5.1. We grant you a right of return of goods purchased in the online store. This consists of the following conditions.
5.2. If you want to exercise the right of return, you must return the goods in question no later than 14 calendar days after receipt. Decisive is the date of the mailing. The goods are to be sent in unused and undamaged condition to the following address:
Toldos Chique Unipessoal Lda.
Rua Maria Campina Nr. 1
8135-139 Almancil / Portugal
5.3. In the event of a return in compliance with the above conditions, you will receive the already paid purchase price, but not our shipping costs, refunded. The return is chargeable for you.
5.4. No right of return applies to the delivery of goods that are made to customer specifications or clearly tailored to personal needs or that are not suitable for a return due to their nature.
6.1. We are liable for defects according to the relevant statutory provisions, unless otherwise stated below.
6.2. Usual or unavoidable material-related deviations in quality, color, size, finish and designs of the goods are not considered defects. Warranty claims do not arise in this respect.
7.1. We are liable for damages – for whatever legal reason and including liability for our organs and auxiliary persons – in case of intent and gross negligence.
7.2 The liability is limited to the price of the respective delivery / service. In particular, the customer has under no circumstances claims to compensation for damages that did not occur on the product itself, such as production loss, data loss, loss of orders and other indirect or direct consequential damages.
7.3. For simple and medium negligence, we are liable for whatever legal reason and including liability for our organs and auxiliary persons:
7.4. The liability is limited to the price of the respective delivery / service. In particular, the customer has under no circumstances claims to compensation for damages that did not occur on the product itself, such as production loss, data loss, loss of orders and other indirect or direct consequential damages.
7.5. The liability limitations resulting from the above do not apply if we have fraudulently concealed a defect. The same applies to your claims under the product liability law. 7.6. The liability provisions in the preceding paragraphs also apply to personal liability of our organs, employees and auxiliary persons.
9. FINAL PROVISIONS
9.1. Should individual provisions of these Terms and Conditions be or become ineffective, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the relevant statutory provisions apply. This applies accordingly for the completion of any loopholes in these terms and conditions.
9.2. All contracts with us are exclusively subject to Portuguese law to the exclusion of conflict of laws and all international and supranational legal systems, in particular the UN sales law.
9.3. The contract is concluded in Portuguese language, even if these GTC exist in addition to the version in Portuguese language, possibly also in other languages. The terms and conditions will not be saved separately when the contract is concluded by us.
The exclusive place of jurisdiction is 8200 Albufeira / Portugal
11. SALVATORY CLAUSE AND VALIDITY OF TERMS
With an order, the customer accepts the terms and conditions. If any provision of these terms and conditions is invalid, the validity of the remaining provisions shall remain unaffected. The ineffective regulation will be replaced immediately by the relevant legal regulation. Oral agreements require the written confirmation to be effective.
12. All legal bases not mentioned are handled in accordance with the Portuguese Code of Obligations.
Last update: 1st of March 2019