TERMS AND CONDITIONS
The online sales site https://bypnh.pt/pt/shop/ (hereinafter referred to as shop or shop) is an online sales site/electronic commerce operated by PNH, with registered office at Rua do Alto - Ap.86, Vale do Grou, 3750-064 AGUADA DE CIMA, Portugal, hereinafter referred to as PNH. All persons intending to make purchases on this site declare that they are of legal age and have the legal capacity to do so. For any purchase made on this site, it is considered that the user has read and accepted the present document of Terms and Conditions of Use and General Conditions of Sale. This document will always be available online at https://bypnh.pt/pt/termos/ and may be consulted freely and at any time, even without being registered on the site. PNH reserves the right to modify the present general conditions of sale at any time.
The present Terms and Conditions of Use and General Conditions of Sale determine the rights and obligations of all parties involved in the online buying and selling process of the items available on the website, that is, PNH and the person buying, hereinafter referred to as the User.
3. Registration and contact with the User
In order to proceed with the purchasing process the website User must register. During the registration process the User will have to provide some personal information. All contacts with the User will be made to the email address that he introduced during the registration process. Unless otherwise stated, orders will be sent to the address that the User entered during the registration process or to the alternative address indicated by the User during the order completion process. As such, the User should do everything possible to keep their personal details up to date at all times or to present their delivery details correctly when using the Alternative Address delivery option. The User is entirely responsible for the veracity and validity of the information provided, PNH rejects, as of now, any responsibility for the eventual use of erroneous information or inadequate to the reality. The access data to the site will be sent to the email address that was used during the registration on the site. If you do not receive the email with the access data, we recommend checking the SPAM or Promotions folder of your email.
4. Products and Prices
The products available for sale on the site, are those that the User can view during consultation of the site, all these have availability, unless the stock rupture. In this last case, if the User has already proceeded with any order, he/she will be informed later of the eventual unavailability of any article. This information will be given no later than the date on which the order is actually sent. In the case of an order that has already been paid for, PNH will reimburse the User the amount paid for unavailable items under the terms indicated in 8.3.3. The fact that a product is shown on the website does not imply that it is available for sale and PNH therefore assumes no obligation to make it available. Nor can PNH be held responsible for any damage or loss caused by the possible use of the products delivered. The prices and specifications of each reference may be altered without prior notice.
Except where expressly stated, the prices indicated on the site are in euros and apply to a predefined territory that may correspond to the country or region indicated by the User at the time of registration. This price includes VAT at the standard legal rate in force in mainland Portugal on the day of purchase. PNH reserves the right to alter at any time and without prior warning the price of any product and cannot accept any differences that the User may claim as a result of this alteration. Except for any error resulting from the introduction of values on the website, which may be detected, the sale price of a product will be the unit price indicated at the time of registration of the purchase. In the event of an error as referred to above, PNH shall be responsible for notifying the User of any differences and the User shall be entitled to cancel or modify his order or to proceed with the same taking into account the correct prices that have been transmitted to him, and shall not be entitled to purchase the product at the price that would have been wrongly indicated.
The price indicated for each item does not include the cost of shipping and packaging. These costs will be indicated during the order process. The shipping costs will be explained in more detail in nº 6.1 of this document. The User is fully responsible for the payment of fees, expenses, taxes or other values that may be required by the authorities of the country where you are and to which you have requested delivery of your order. Under no circumstances will these amounts be considered in the amounts payable to PNH.
5. Site navigation, orders, order registration and payment
5.1 Browsing the site
The User can browse freely on the site even without being registered on it and, in doing so, does not incur in any obligation to place an order. Only Users registered on the site can place orders as referred to in point 3. For these Users navigation on the site is also free and without any obligation to place an order.
5.2 Order Registration
To register an order, the User must have one or more articles in the shopping cart and after accessing it should choose the option "Checkout" and "Confirm". Before selecting to Confirm the order you can still remove or add items from the shopping cart on the checkout screen using the button "Edit cart". In the next step you should choose the delivery method and the payment method. At this stage the shipping costs will be added to the order, automatically calculated as described in 6.1.
5.3 Order Payment
In Portugal, the User can choose to pay by Bank Transfer.
5.4 Completion of the Order
When You select the "Checkout" option the order will be registered and confirmed in our system in a definitive way. Before doing so you can go back and change your order, the form of payment or delivery, but after "Finalise Order" it becomes definitive and cannot be changed. The User will immediately receive an email confirming the registration of the order and showing its details, including: items ordered and their prices, value of postage and payment rates and applicable discounts. The order form will be filed by PNH electronically and/or physically for the sole purpose of recording the orders placed and their processing. This order serves as proof of the contractual relationship of purchase and sale established between the User and PNH.
5.5 Order Confirmation
All orders will be confirmed by PNH with the sending of a second email that reflects any changes to the order, due to the lack of any article, and that will also inform the User how to proceed with the payment of the order.
5.6 Cancellation or modification of the order
Any order may be cancelled without any cost for the User within 24 hours after the Order Registration as described in 5.2. The order cancellation or change should be made to the email: email@example.com or other that PNH may indicate.
6. Calculation of Shipping and Delivery Orders
6.1 Shipping Costs
The shipping costs are calculated automatically and will be borne by the User. This value may be changed without notice due to changes in services used by PNH, review of price lists or errors in calculating it. The prices of postage shown are for delivery within mainland Portugal.
Similarly, if any change is made to the order assumed by PNH or requested by the User, this value will be recalculated and changed if the new value is different from the initially considered.
The values of shipping costs for the Madeira and Azores archipelagos will be calculated after the order is finalised by the User, and the prices automatically arranged will not be in force.
6.2 Delivery Methods
The delivery service will be provided by entities external to PNH and were selected in order to ensure a rigorous and quality service. When the User registers an order, the existing options for that order will be automatically presented, indicating the amount to be paid and the expected delivery time.
This service can also be carried out through the PNH distribution fleet whenever the address indicated by the User for delivery coincides with some of the distribution routes.
6.3 Delivery time
The estimated delivery time is approximately 10 working days for products in stock. If the selected product is not available for immediate delivery, the customer will be informed of the new delivery date. This time is provided by the supplier of the equipment or corresponding service and, in no case can PNH be held responsible for any delay or eventual delivery before the estimated time.
6.4 Order delivery
Orders will be delivered to the address that the User indicated during the registration process on the site or, if the User has used this functionality, to the address that was indicated as alternative delivery address during the order process. Any permanent change of address will have to be made by the User updating their registration details. As already mentioned, PNH will not be responsible for damages or losses caused by incorrect data in the User's file. PNH always recommends choosing a delivery address where there is someone to receive the order during normal office hours.
7. Personal Data
7.1 Collection of Personal Data
The personal data collected during the registration process on the site are strictly necessary so that the User is recognised, can be contacted and so that we can provide a personalised service. The data will also be used to process orders and so that we can contact you if necessary.
Your personal data is extremely important and PNH recognises the importance of protecting it, whatever its nature. For this reason, we have developed a set of security measures aimed at protecting them.
7.2 Use and Security of Personal Data
The user, when registering or purchasing online, expressly assures PNH of his consent to use his personal data and address, as well as the data referring to his purchases and payment methods. These data will be stored and processed by computer, and may be used for communication purposes that reinforce and personalise the offer of products, services, promotional or advertising campaigns or for processing orders. PNH guarantees its Users that it does not rent or sell their data to third parties, so that all information is confidential and used only by PNH, except in situations arising from legal imperatives.
All the information provided during the act of registration will be used to:
- Process, complete the data and deliver your order, as well as to notify you of its status.
- Ensure that the User Support Service can contact you to provide answers to questions and situations of interest or to communicate new advantages or promotions.
At PNH, access to your information is restricted and is carried out to satisfy your order, from making payment, delivery channels to User support.
Even though all possible precautions have been taken to protect the User's data, PNH cannot be held responsible for any act that does not result from its own negligence.
In situations of improper use of the website and regardless of the legal procedure that may be applied, PNH reserves the right, namely, to proceed with the cancellation of the registration of the User, removal of orders as well as any other type of User content.
7.3 Updating of Personal Data
The User is solely responsible for updating and validating the personal data collected and should, where appropriate, log in to the site and rectify the data that need updating.
8. Cancellation, return of orders and exchange of articles
8.1. Cancellation and Return of Orders
The User may cancel your order if, within 24 hours, send an email to firstname.lastname@example.org or to another email that PNH will indicate, expressly expressing this intention.
After receiving the order, the User has a period of 5 days to terminate the contract of sale and purchase concluded on the site (total or partial return of the order), and for such notify PNH by email (email@example.com) or registered letter with acknowledgment of receipt, sent to the address given in point 8.2, with the need to indicate the reason for the exchange.
(In accordance with Decree Law 143/2001 of 26 April, as amended by Decree Law 82/2008 of 20 May)
8.2 Return Policy
The User must send the articles to be returned to PNH, to the following address:
Rua do Alto - Apartado 86
Vale do Grou
3750-064 Aguada de Cima
The exercise of the right of resolution (return of the articles) must respect the following conditions:
- Return of the items in proper conditions of use;
- Return of the items with all the labels, including the price label or the bar code
- Return of the items in their original packaging in perfect condition, with all manuals and accessories included;
- Return of unused items;
- Products must be returned within a maximum of five days from the date of receipt of the order, accompanied by the respective proof of purchase;
- The costs of returns, except in cases duly recognized by PNH, will always be borne by the User. That is, the amount of postage and taxes paid by the User on receipt of the order and the amount that has to pay to return the same.
- Indicate to PNH which of the methods indicated in 8.3 you wish to choose to settle your return.
8.3 Result of the Return (Exchange, Voucher Issue or Refund)
Having the User proceeded to the return of all or part of an order, following the rules indicated in point 8.2, the User may choose one of the following ways to resolve the purchase contract and close the return process:
8.3.1. Return to exchange for another item
If, when making a return, the User wishes to exchange the returned goods for other goods, the User must state this intention when communicating the intention of return by email, clearly indicating which goods he/she wishes to receive in exchange. In this case, in addition to paying the initial postage for the order and the return, the User will also have to pay the postage of the new articles. If the value of the items returned is different from the value of the items requested in exchange, the differences will be corrected as follows: if the items returned are of a lower value than those requested in exchange, the User should pay the difference, if this value is higher than the items requested in exchange the User can choose to return the difference by choosing to issue a voucher as set out in 8.3.2 or a refund as set out in 8.3.3;
8.3.2 Return to issue a Credit Note
When making a return, the User may choose to issue a credit note for the value of the returned items which may be used within a maximum period of 90 days after its issuance for new purchases made on the site;
8.3.3 Return for reimbursement
The User may also request a refund corresponding to the value of the returned items. In this case, PNH is committed to refund the amount, subject to the appropriate adjustments, if applicable according to point 8.4, using, whenever possible, the same way the payment was made and within a maximum period of 30 days from the reception of the items according to point 8.2;
8.4 Adjustments to the value of refunds
Whenever the return of one or more items, which have been purchased with a discount based on the purchase value, implies that the minimum limit of the purchase value for granting such discount is no longer met, the amount to be refunded shall be adjusted proportionally according to the amount that was actually paid;
9.1 The equipment and accessories have a warranty period defined by the manufacturer, which under legal terms is at least 1 (one) year. This period is considered from the date of the equipment invoice and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) duly filled out.
9.2 Equipment that has exceeded the period defined by the manufacturer or presents defects caused by abnormal wear and tear, improper installation, bad weather, electrical discharges, negligence or accidents, mishandling, infiltration of humidity/liquid, use of non-original accessories and technical interventions by unauthorised personnel are considered out of warranty conditions.
9.3 If the equipment breaks down, and if it is covered by warranty, the User may take it and proof of purchase and/or warranty to a technical assistance centre of the brand, or contact PNH and request a technician.
10.1 The User can submit any contractual conflicts to the arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to the Centre of Arbitration of Conflicts of Acts and omissions that violate the legal dispositions applicable to the acquisition of goods.
or complaint by entering it in the complaints book available at the PNH facilities. 10.2.
10.2 The complaint must be presented within a maximum period of 30 (thirty) days, counting from the knowledge of the facts by the User, and shall be registered in the information systems of ASAE, which shall decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of its receipt.
11. General information about the site and Copyright
All contents of the website are the property of PNH and may not, under any circumstances, be reproduced, transferred, distributed or stored without prior written authorisation.
The photos presented for each product may not be a faithful representation of the reality of the product in terms of colour, shape or detail.
PNH is not responsible for the measurements determined by the client when choosing the size of the product.
PNH does not assume any responsibility for the improper use of any product, nor for the consequences that may result from it.
12. Final Notes
Any request for clarification, suggestion or complaint should be addressed to PNH, by phone +351 234 690 190 or by email to firstname.lastname@example.org, or to the postal address below:
Rua do Alto - Apartado 86
Vale do Grou
3750-064 Aguada de Cima
13. Applicable Law
The contract is governed by Portuguese law.