TERMS AND CONDITIONS
The electronic commerce system available on the website, is intended for the dissemination and trade of merchandise and similar articles, which belong to the clients of the company INCOMAX, LDA based at Estrada dos Guilhermes, Pav. 6, Zona Industrial Casal da Lebre, 2430-021 Marinha Grande, Portugal, with taxpayer number 510150012.
It is accessible through the following domain: www.incomax.pt.
These General Conditions of Use and Sale (hereinafter referred to as "General Conditions") apply to visitors to this website, designated by Customer, as well as to any commercial transactions carried out on the website between those and INCOMAX, LDA.
The use of the system, as well as the purchase of any product through the domain www.incomax.pt in the store called "Loja Online INCOMAX", implies the acceptance of these General Conditions by the Customer, who undertakes to respect them.
Loja Online reserves the right to change the General Conditions, the changes being published on the website.
It is considered implicit in the use of the system, as well as in the order confirmation, the acceptance of the general commercial conditions.
The applicable General Conditions will be those that are in force at the time of using the system or placing the order, unless changes to said terms and conditions are due to law or imposed by the competent authority.
The Online Store cannot be held liable by Customers for any damage or loss resulting from the use of this system, its unavailability, slowness or defective operation, the information contained therein, or the possible loss of data in the event of a computer accident.
These General Conditions are governed by Portuguese law and the parties agree to submit to the exclusive jurisdiction of the Portuguese Courts.
Pricing and tax policy
The articles presented in this system are available for sale at the prices indicated in euros. The prices shown include taxes at the legal rate in force, but do not include shipping costs, which are the responsibility of the Customer and are included in the final order value, depending on the method chosen, the selected items and the delivery locations.
Sales prices may be indicated in the system in several currencies. However, the prices considered for invoicing will always be expressed in euros. INCOMAX, LDA declines all responsibility in case of error or inaccuracy in the currency conversion system used, or any difference that may arise between the total estimated value of the order and the value of the invoicing in euros.
INCOMAX, LDA reserves the right to modify prices at any time.
INCOMAX, LDA informs that, if the indicated price is incorrect and is manifestly insignificant, regardless of its cause (computer error, manual error, technical error, etc.), the order will be canceled, even if it has already been confirmed.
The promotion conditions that may be practiced by INCOMAX, LDA are described in the details of the articles on promotion.
All products in the catalog belong to INCOMAX, LDA customers, who merely offer to put them on sale in your online store for the price that your customer stipulates.
The photographs presented are illustrative of the original articles, trying to give the highest reliability of the article for sale. The technical sheets and descriptions of the articles will try to be as accurate as possible, and may provide additional information via email email@example.com.
INCOMAX, LDA declines all responsibility as to the accuracy of the above, for using the information provided by the respective manufacturers/suppliers.
Right of withdrawal
The consumer has the right to freely terminate this contract within 14 calendar days, without the need to indicate any reason.
The period for exercising the right of withdrawal expires 14 days from the day following the day:
- In the case of a service provision contract: «the conclusion of the contract.»;
- In the case of a purchase and sale contract: «in which you acquire or a third party indicated by you, other than the carrier, you acquire physical possession of the goods.»;
- In the case of a contract in which the consumer ordered several goods in a single order and the goods are delivered separately: «in which he buys or a third party indicated by him, other than the carrier, acquires physical possession of the last item.»;
- In the case of a contract for the delivery of goods consisting of several lots or parts: «in which you acquire or a third party indicated by you, other than the carrier, you acquire physical possession of the last lot or the last part.»;
- In the case of a contract for the periodic delivery of goods for a certain period: «in which you acquire or a third party appointed by you, other than the carrier, you acquire physical possession of the first asset.»
In order to exercise your right of free resolution, you must inform us, INCOMAX, LDA, of your decision to terminate this contract by filling in the Model Withdrawal Form and sending it by post — to Estrada dos Guilhermes, Pav. 6, Zona Industrial Casal da Lebre, 2430-021 Marinha Grande, PORTUGAL — or e-mail — to firstname.lastname@example.org.
For the free resolution period to be respected, it is enough that your communication regarding the exercise of the right of free resolution is sent before the end of the resolution period.
• Right of withdrawal effects
In the event of termination of this contract, you will be reimbursed for all payments made, without undue delay and, in any case, no later than 14 days from the date on which we are informed of your decision to terminate this contract. We make these refunds using the same payment method you used for the initial transaction, unless expressly agreed otherwise by you; in any case, you do not incur any costs as a result of such refund.
When collection is not performed by INCOMAX, LDA:
«We can withhold the refund until we have received the returned goods, or until you present proof of the shipment of the goods, whichever comes first.»
If the consumer has received goods under the contract, he:
- «Must return the goods or deliver them to INCOMAX, LDA, without undue delay and no later than 14 days from the day you inform us of the free termination of the contract. The deadline is considered to be respected if the goods are returned before the expiry of the 14-day period.»;
- «Must bear the direct costs of returning the goods.»,
- «Is only responsible for the depreciation of assets resulting from manipulation that exceeds what is necessary to verify the nature, characteristics and functioning of the assets.»
In the case of a service contract:
«If you have requested that the provision of services begin during the right withdrawal period, you will pay us a reasonable amount proportional to what was provided to you up to the moment when you communicated your resolution of this contract, in relation to all the installments provided for in the contract.»
General return conditions
Any product handled by the customer, misuse, breakage, etc., will not be exchanged or credited; in this case, all warranty will be void.
If the product is in good condition, but the box, plastic or packaging in which it is included is in poor condition, the return will not be accepted; the same will happen if the opposite is true.
Both the collection of the product and its corresponding return will be managed by INCOMAX, LDA.
The conditions specified for the return must be fulfilled, otherwise they will not be accepted.
To avoid the risk of damage during transport, it is very important that you check the packaging of the products, as if they are damaged during the journey, we will not be able to accept returns.
Exceptionally, demerits will be applied (to be determined for each case) on the value of the product in those occasions when a product DOES NOT comply with any of the conditions for acceptance of its right of withdrawal and INCOMAX, LDA decides to admit the return of the same applying the corresponding penalty.
Waiver of the original product
We accept the return of our products, as long as the product is in good condition. The merchandise must be shipped in its original packaging and with all its accessories. It must be in perfect condition, without openings, dirty, stained, odorous, used or damaged. Otherwise, the return will be refused.
The customer will be responsible for the cost of the return if he intends to terminate this contract. Once the product is received, INCOMAX, LDA will refund the amount of the item (and not the original shipping costs) or the Credit for the next purchase. In other situations, the procedure for resolving the return will be analyzed by the Commercial Department.
Product returns will not be accepted without the original packaging or removal of its blister (packaging).
Some consumers exercise their right to withdraw from the product within the deadline, but after having used the goods more than is necessary to determine their nature, characteristics or functioning. In this case, the consumer does not lose the right to withdraw, but must be responsible for any depreciation of the goods.
Exceptionally, the demerits (to be determined for each case) will be applied to the value of the product on occasions when an item DOES NOT meet any of the conditions for the right of withdrawal to be accepted and INCOMAX, LDA decides to accept the return of the same by applying the corresponding penalty.
According to Community directives, the right of return and reimbursement is reserved exclusively for Customers defined as "consumers" and, therefore, only for individuals who buy products for their own use, and not for those who act with objectives relating to the professional activity that may be developed, including dealers, resellers, professionals, etc.
Dear customer, we advise that before processing the return, make sure to carry out the relevant tests to verify that the product does not really work, as if upon receiving the product it is properly operational and the reason for the return is due to your lack of knowledge to use the product, you will bear all shipping costs, both for return and shipping.