1. PREVIOUS CONDITIONS:
1.1. The General Conditions of Sale contained in this document regulate Sales, Offers, Complaints, Delivery and Payment Conditions of the Products sold by Valter Ferreira Arcanjo, Lda. (from now on named VFA).
1.2. These Conditions are in accordance with the Portuguese law in force and apply to all types of sales made by VFA.
1.3. The term Products also includes Services provided by VFA, where applicable.
1.4. The term "Buyer" means any customer or potential customer who expresses an intention to purchase from VFA.
1.5. The Buyer acknowledges and accepts these General Conditions of Sale, being in possession of a copy of the document.
1.6. Any changes to these Terms will only be valid if agreed in writing between the Buyer and VFA.
1.7. VFA reserves the right to change dimensions, specifications and information in its products, catalogues and website, as well as prices without prior notification.
1.8. Any errors or omissions of any kind in sales literature, drawing, technical specifications, colours, offer, price list, order confirmation, invoice or any other document or information issued by VFA are subject to correction without liability from the seller.
2. OFFERS/PROPOSALS:
2.1. Before placing the order by email to info@golfinho.eu or directly to any of the VFA's Account Managers, VFA advises the Buyer to request an Offer/Proposal in advance.
2.2. The conditions presented in the Offer/Proposal are only guaranteed by VFA until the expiration date stipulated in the mentioned Offer/Proposal. After this date, VFA reserves the right to make changes to them.
3. PRICES:
3.1. To the prices presented by VFA is added VAT at the legal rate in force.
3.2. The prices mentioned in the Offers/Proposals sent by VFA include the VAT in force on the date that the Offers/Proposals are sent. VFA reserves the right to change these values at the invoice date if there are any updates to the applicable VAT rates.
3.3. During the validity period of the Offers/Proposals presented, if a calculation error is found, VFA reserves the right to rectify or cancel the respective Offer/Proposal.
4. ORDERS:
4.1. The formalization of an order by the Buyer implies the prior knowledge and full and unreserved acceptance of these general conditions of sale.
4.2. The formalization of an order on the part of the Buyer must be made, preferably, written, by e-mail to info@golfinho.eu, or directly to any of the VFA's Account Managers.
4.3. The Buyer shall indicate, at the time of formalizing the order, if he intends to pick up the goods at VFA's facilities. Otherwise, VFA reserves the right to dispatch it as mentioned in point 6.
4.4. The Order Confirmation is sent after the formalization of an order.
4.5. The orders formalized by the Buyer are validated 24 hours after the Order Confirmation is sent.
4.6. Any alteration to the Order Confirmation should be communicated by written within 24 hours counting from the document date.
4.7. VFA reserves the right to not process the order to the Buyer, if the Buyer's financial situation is not properly regularized or if it is not possible to collect the payment successfully.
4.8. VFA reserves the right to cancel Buyer's orders without stating the cause, and is not required to pay any compensation.
4.9. The Buyer is obligated to fulfil with all conditions and payment deadlines mentioned in the respective Order Confirmation, after its adjudication.
4.10. VFA reserves the right to change the payment terms and conditions mentioned in the Order Confirmation, before delivery, whenever there are important changes in the Buyer's risk analysis.
5. TERMS OF DELIVERY/DISPATCH:
5.1. The delivery time indicated in the Offer/Proposal is always estimated. In the Order Confirmation, the Buyer will be informed of the estimated time of dispatch. VFA will not be responsible for any delay in the delivery of the goods. Failure to meet the delivery deadline, is not a foundation for the nullity of the contract.
5.2. The dispatch times may change according to the reference of the product.
5.3. The expected dispatch time may also change, whenever for reasons of bigger force or unrelated to VFA´s responsibility, is not possible the fulfilment timely, having no place for that reason to any compensation.
5.4. For personalized Products, the expected dispatch times will be conditioned to the delivery, by the Buyer, of every graphic elements in a editable file (example of compatible files: .cdr; .ai; .pdf; .fh10 or .eps) and approval of the final mockups or printed samples (when applicable).
5.5. In orders dispatched on collection, the Buyer is informed in advance of the date of dispatch and the amount to will be collected.
5.6. In orders that require some advance payment, the expected dispatch time will start on the effective date of the payment.
6. TRANSPORT:
6.1. Shipping costs are supported by the Buyer, save exceptional situations that the costs associated to the dispatch/transport are included in the product price. In this case it will be mentioned in the Offer/Proposal.
6.2. In case of reoccurrence of transport chargeable to the Buyer (closed facilities, order refusal, wrong address, delivery location changes, non-payment or other), VFA reserves the right to charge the Buyer the associated costs.
6.3. When the shipment is made by the buyer, VFA reserves the right to charge any costs for extra packaging to protect the goods during transportation.
6.4. Before signing the Delivery Guide of the transport company when receiving the order, the Buyer must physically check the number of volumes received and the condition of the boxes/packages. In case of any anomaly (violation/damage/opening of packaging), the buyer should note the fact in the Guide, with the date and the signature of the person responsible for the reception of the goods.
7. PAYMENT:
7.1. The non-payment at the invoice due date, reserves to VFA the legal right to charge interest on the amount owed according to the legal rate in force.
7.2. Payment by bank check is only considered valid after the check has been properly collected.
7.3. In case of payment by bank check, it must be passed in order to “Valter Ferreira Arcanjo, Lda.”
7.4. In case of payment by bank transfer, the Buyer will have to support the costs associated to the operation and send the proof of transfer to VFA (preferably by email). The bank details to make the bank transfer are indicated in the Invoices and the Proforma Invoices.
8. COSTUMIZED PRODUCTS/TAYLOR-MADE (with specific characteristics given by the Buyer):
8.1. The minimum order amount for customized Products/Taylor-made varies with the reference of the intended Product.
8.2. After the approval of the mockup, this type of products does not give the Buyer the right to return them or be refunded.
8.3. In works with a customized printing manufactured for the first time or in changes of works already manufactured, costs associated to the opening process of tables/clichés will have to be added to the presented price.
8.4. The tables/clichés are owned by VFA and they are not for sale.
8.5. VFA does not guarantee, at the printing, the exact tone of the colours, whenever there is a request for specific colours (namely “pantones”), and it will may occur differences of tones between the final model approved by the Buyer and the printed product.
8.6. In the case of printed products, VFA reserves the right to supply the quantities ordered in excess or defect by reference at 5%.
9. WARRANTY:
9.1. VFA, Lda. guarantees that all its articles are free from defects in labour and materials. This warranty extends to the final costumer who has acquired this equipment from a reseller.
9.2. The articles manufactured/commercialized by VFA have 12 months of warranty (exception: articles with a specific warranty period).
9.3. ARE EXCLUDED FROM THE WARRANTY:
9.3.1. All damages caused by misuse or improper use;
9.3.2. Damage caused by lack of cleaning or insufficient cleaning or by cleaning using aggressive or unsuitable products to be used in the embedded materials;
9.3.3. Damage caused by climatic or other unpredictable events, such as: sunburn, flood, fires, earthquakes or other;
9.3.4. Repair or attempted repair by persons or repair centres other than VFA Authorised Technical Services;
9.3.5. Damage caused by transportation made by the Buyer or by third parties in his behalf.
10. COMPLAINTS/RETURNS
10.1. Complaints and/or Returns are accepted for exchange or refund if presented in writing, in a maximum term of 5 CONSECUTIVE DAYS from the date of the delivery of the respective products, except in the cases of custom-made Products. After that deadline, it is considered that the Order is accepted for all intents and purposes.
10.2. Any return must be previously approved by VFA and sent to the respective address. The Buyer is responsible for shipping charges and fees.
10.3. VFA reserves the right not to accept Product Complaints/Returns without previous notice, as mentioned above, and do not comply with the conditions of compliance existing at the time of delivery to Buyer (namely products that have suffered any type of use, transformation, damages and/or lack of the original package/accessories/complements).
10.4. Swimwear should not show any signs of use, namely scratches, pulled threads, odours or dirt. The packaging and its labels must be intact.
10.5. Returns of custom-made products are not accepted, as mentioned in 8.2. of these General Conditions of Sale.
10.6. The return of the claimed Products is mandatory and is a responsibility of the Buyer, and must be accompanied by the respective Return Note (referring the invoice number) within the aforementioned deadline.
10.7. VFA will also have the right not to accept any return due to order cancellation by the Buyer in the cases of products that are not covered by the stock system in force at VFA.
10.8. VFA is not responsible for damages or defects resulting from acts of negligence or misuse by the Buyer in relation to what is stipulated in the Catalogue, User Manuals, Warranty Conditions/Certificates in force.
10.9. The samples offered by VFA to the Buyer have an offer character and may not be considered as a return object.
11. TECHNICAL ASSISTANCE:
11.1. VFA assures the technical assistance of all the products it sells, and the Buyer should request the service to the e-mail info@golfinho.eu.
11.2. VFA does not provide any technical assistance outside the Warranty without prior submission and approval of an Offer/Proposal by the Buyer.
11.3. In case it is necessary to make an intervention in the product to make the repair Offer/Proposal, even if the Buyer decides not to proceed with the repair, VFA reserves the right to charge the Buyer the costs of labour related to that Offer/Proposal.
11.4. After notification, the Buyer reserves the right to accept or not the repair Offer/Proposal; in case of non-acceptance the equipment will be returned dismounted.
11.5. VFA is not responsible for any damage to the equipment not collected by the Buyer within 90 days of notification, and the property of the equipment may revert to VFA or be sent for recycling.
12. PROPERTY RESERVATION:
12.1. The Products delivered to the Buyer are property of VFA until their full payment is verified, under the terms of Article 409 of the Portuguese Civil Code.
13. APPLICABLE JURISDICTION:
13.1. The Arbitration Centre of the District of Coimbra (Portugal) is designated to settle any dispute between VFA and the Buyer, with express renunciation of any other, prevailing the assumptions mentioned in these General Conditions of Sale.
13.2. Any disagreement and/or litigation must be judged in accordance with the Portuguese law.