This document, which you have just accessed for the purpose of consulting or purchasing products, regulates the General Terms and Conditions of Online Purchase and Sale (hereinafter “General Terms and Conditions”) of GALUCHO – INDÚSTRIAS METALOMECÂNCIAS, SA., a legal person with the number 500156646, with headquarters at Avenida Central, n.º 4, 2705-737 São João das Lampas (hereinafter “GALUCHO”).

If you do not fully accept any of the conditions set, you must not access/use online purchase. By consulting, using or downloading this content, you undertake to respect the conditions set out in this document and the Privacy Policy.

CONDITIONS OF SALES:

These general conditions of sale apply to all sales of products manufactured and/or retailed by GALUCHO.

In case of violation of the General Terms and Conditions, GALUCHO reserves the right to exercise any action legally foreseen. In addition, GALUCHO reserves the right, at its discretion, to terminate the access or use of Online Purchase and Sale, with or without notice to the Client.

GALUCHO applies the appropriate and necessary technical and organisational security measures to ensure the security of information. However, the Client is aware that the use of Online Purchase and Sale may not be 100% secure, so there is the possibility that the information sent/received may be intercepted by unauthorised parties, and GALUCHO cannot be held responsible for this.

The contractual proposal contained in Online Purchase and Sale is addressed only to persons of legal age, the Client accepting that it can only be used by users over eighteen years old and/or with full contractual capacity and who may therefore be held responsible for the commitments resulting from the purchase and sale.

GALUCHO does not assume any responsibility for incorrect specifications in the order, namely regarding the suitability of the use of the equipment. Whenever the CLIENT has any doubt, about a certain equipment, he/she should contact our Sales Service which will provide all the necessary technical clarifications.

All goods ordered and delivered to the buyer belong to GALUCHO until their full settlement.

Each new price list cancels and replaces the previous one. The prices to be invoiced will always be those in force on the date of delivery of the equipment. The price will be increased by the VAT at the legal rate in force.

The delivery time may be changed as a result of force majeure or unforeseen circumstances.

PAYMENT CONDITIONS:

All payments shall only be applied in the following order and form:

Overdue debts, starting with the oldest. For each debt overdue, priority will be given to expenses, compensation, interest and finally capital.

Failure to comply with the agreed payment conditions entitles GALUCHO to:

Debit the CLIENT with interest on arrears, at the legal moratorium rate, from the due date until its full settlement;

Cancel or suspend the supply of orders on the CLIENT´s account, unless payment is made in cash.

Any complaints about deliveries already made shall not legitimise the refusal of payments for other deliveries.

TRANSPORT:

The price of transporting the goods is not included in the final price of the order.

The Client who wishes to contract transportation should consult the General Terms and Conditions of Transport for this purpose.

RECEIPT OF GOODS:

On receipt of the goods, the Client must immediately check the condition of the equipment or component, the correspondence between the references of the goods purchased and the references of the goods delivered, the quantity and condition of the same.

In the event that he detects defects or damage to the goods and/or if the goods do not coincide with his order, the Client must identify the damage or defects in the form intended for this purpose in the client area, and contact GALUCHO on the Client Helpline Service 219 608 541.

GUARANTEE CONDITIONS:

GALUCHO guarantees the equipment supplied for a period of 24 months from the date of delivery and against manufacturing and/or assembly defects.

GALUCHO is responsible, in accordance with the provisions of Decree-Law nº67/2003, of April 8 (updated by Decree-Law nº84/2008 of May 21), for any non-conformity that occurs at the time of delivery of the goods, and that manifests itself within a period of 2 (two) years from the date of delivery, provided that it is communicated to GALUCHO within a maximum period of 2 (two) months, from the date on which the Client has detected it.

After the delivery date, the return of equipment in which changes have been made or equipment that is not part of the manufacturing range in force will not be accepted.

This Guarantee only includes the supply, for replacement, of accessories or components in which manufacturing or assembly is proved to be deficient, and never covers the payment of labour or travel.

The guarantee assumes the use of equipment under normal working conditions, without exceeding the load capacity assigned to it.

The guarantee for components purchased from third parties will be given by the respective manufacturers with whom we can act as a link. Any part or accessory that is the object of a possible claim must be sent to us for analysis by our Technical Services.

The Guarantee will immediately lose its validity whenever:

Any part or accessory is replaced by another that is not of our manufacture or recommended by us;

Any repair or replacement made without our approval;

The equipment supplied has been subject to poor use or overload.

GALUCHO shall not pay compensation for the immobilisation of vehicles or equipment, as well as travelling or working hours. In any eventual claim, the guarantee title must always be presented.

In any eventual claim, the guarantee title must always be presented.

TERMINATION:

GALUCHO has the right to terminate, in whole or in part, the Contract with immediate effect in the following cases:

Failure to comply with the General and/or Particular Conditions.

The submission to any insolvency proceedings, the CLIENT´s judicial or extrajudicial liquidation, the reduction of the guarantees provided or, in general, any change in its legal structure that affects its solvency.

Termination, for whatever reason, even if only de facto cessation of the CLIENT´s activity.

Occurrence of any other causes of termination provided for in the Contract or in the Law.

In accordance with Article 10 of Decree-Law Nº. 24/2014 of 14 February (updated by Decree-Law Nº. 78/2018 of 15 October) the Client has the right of free termination, which may be exercised, without the need to indicate the motive up to 14 (fourteen) days after the date of delivery of the items, in which case the Client agrees to be responsible for the payment of all transportation charges for collection of the goods from the delivery address to the GALUCHO warehouse. In this case, the Client further accepts and acknowledges that GALUCHO will refund the goods, deducting the value of the said collection transport charges, within a maximum of 14 (fourteen) days counted from that date, nothing else being due from GALUCHO, for whatever reason. The Client, or his representative, must evidence the condition of the goods at the time of delivery.

In order to exercise this right, the Client shall complete the online form available in the respective client area within the said period, his decision to terminate the contract, in which case GALUCHO will send an e-mail in response to the confirmation of termination.

CRIMINAL CLAUSE:

In the event of arrears in the payment of an invoice and its continuation after the CLIENT has been requested to pay by GALUCHO, the CLIENT shall pay GALUCHO, in addition to the amount relating to the principal debt and interest, an amount corresponding to 15% of the amount due, as a penalty clause.

PROCESSING OF PERSONAL DATA:

Under the terms and for the purposes of the General Regulation on the Protection of Personal Data – Regulation (EU) Nº. 2016/679 of the European Parliament and of the Council of 27 April 2016, the CLIENT expressly authorizes GALUCHO to collect and process personal data for legal, commercial and marketing purposes.

GALUCHO will keep your personal data for the period necessary for its purposes. GALUCHO is the entity responsible for processing the personal data of its Clients, the basis of which is the execution of this contract of purchase and sale.

The CLIENT expressly declares that it has been informed by GALUCHO, in legal terms, of his/her right to access, rectification, portability and deletion of his/her personal data, as well as to the limitation of its processing, and for this purpose he/she must inform GALUCHO of its intention to exercise his/her rights, which it may do so through the following e-mail address: [email protected].

All information provided by the Client must be accurate and true. The Client is obliged to update the information provided to GALUCHO whenever it changes. The Client is expressly responsible for any false or inaccurate statements he/ she makes and for the damage it causes to GALUCHO or to third parties, with the information he/ she provides.

CLAIMS:

The Client may address any complaints to GALUCHO, through the Client Service Helpline: 219 608 541 (Monday to Friday: 8h-16h55) and by post to the following address: Avenida Central, n.º 4, 2705-737 São João das Lampas.

JURISDICTION:

For any dispute arising in contractual relations between the parties, Portuguese law will apply. Any query or litigation arising from the application, interpretation, integration or performance of this Contract, when it cannot be resolved by agreement of the parties, shall be submitted to the Portuguese courts.

The competent court to settle any disputes is the district of Sintra.

AMENDMENTS:

These General Terms and Conditions of Online Purchase and Sale may be amended at any time by unilateral decision of GALUCHO and shall only take effect on sales made after their entry into force.

The Client declares that he/she fully and unreservedly knows and accepts these General Terms and Conditions of Online Purchase and Sale.

Last update:

May 2020