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Terms and Conditions

Terms and Conditions

 

General conditions of Sale

Relating to:
ENDEMIC AZORES and about our services and activities. This website is owned by ENDEMIC AZORES located at Travessa de Santo Inacio nr.4, 9900-126 Horta, with NIF 241807573.

 

1. APPLICATION

1.1 These General Terms and Conditions apply to all visitors to the ENDEMIC AZORES website, www.endemicazores.com (hereinafter referred to as the “Site”) and to any other transaction of a commercial nature carried out through the Site’s online store.

Browsing the website, as well as purchasing any product through it, implies acceptance of these General Conditions of Contract and Use by the User and the Customer.

Before ordering any product on our Site, please read these Terms carefully and print or save a copy for future reference.

ENDEMIC AZORES reserves the right to review and change the General Terms and Conditions at any time without prior notice, provided that they comply with the provisions of Decree-Law 24/2014, of 17-02, with the changes introduced by Law 47/2014, of 28-07.

 

2. INFORMATION ABOUT CONTENT

Article 4 of Decree-Law 24/2014, of 17-02, with the changes introduced by Law 47/2014, of 28-07

The reproduction, transfer, distribution or storage of the contents of the ENDEMIC AZORES website without prior written authorization granted by ENDEMIC AZORES is prohibited for purposes other than strictly personal use.

Every effort has been made to ensure that the information presented is free from typographical errors. Even so, if these occur, ENDEMIC AZORES will proceed with the respective correction as soon as possible. Obvious errors, such as pricing, calculation or typographical errors in offers, promotions, folders, brochures, catalogues, order confirmations, invoices and other written statements from ENDEMIC AZORES are not binding.

The photographs of the products presented on the website are for illustrative purposes only. As such, ENDEMIC AZORES recommends that the Customer consult the detailed description of the product in order to obtain complete information about its characteristics, as well as request more precise information, if so desired.

 

3. OFFER AND AGREEMENT

3.1 The offers and promotions on the Website do not imply any obligation. By completing your order on the Website, you are making a binding offer to purchase the product/products. All orders are subject to acceptance by ENDEMIC AZORES and the agreement between you and ENDEMIC AZORES will only be formalized when ENDEMIC AZORES begins compliance with the Contract. If the ordered products are no longer sold or there is a stockout, ENDEMIC AZORES will inform you of this fact and reject the order. If possible, we can replace other products of similar nature and quality.

3.2 The prices shown are in euros. The availability of products presented on the Website is limited to existing stock at any given time.

 

4. DELIVERY COSTS

Shipping costs will be charged for delivery of the ordered Products. There is no possibility of refusing delivery or the costs related to it. The delivery price is indicated on the Website.

 

5. PRICES, PAYMENT

Article 4 of Decree-Law 24/2014, of 17-02, with the changes introduced by Law 47/2014, of 28-07

5.1 The applicable prices are the prices of the products displayed on the Website. All products contain an indication of the price with VAT and without VAT in Euros. Delivery costs as well as all other additional costs are indicated separately on the Website.

5.2 Payments may be made by:
a) by Bank Transfer
b) by PayPal

5.3 In specific cases, ENDEMIC AZORES may restrict payment to Bank Transfer only.

5.4 Bank Transfer:
After placing your order, you will receive a confirmation email that includes ENDEMIC AZORES’ bank information, so that you can proceed with the transfer. After completing the transfer, please send an email to endemicazores@gmail.com with proof or confirmation, mentioning the order number. Banking information will be indicated when completing the order on the Website.

Your order will be processed as soon as we receive payment, if you choose bank transfer.

5.5 PayPal
After completing the order, the payment procedure begins. Once you choose this payment method, you will be redirected to the PayPal page where you can confirm the purchase.

5.6 Multibanco Reference
After completing the order and starting the payment procedure, having chosen this payment method, the necessary references will be made available to the customer to complete the payment.

5.7 The order will be processed as soon as we receive payment confirmation, in any form.

 

6. DISCOUNTS

6.1 The validity period of the promotions presented is present on all product sheets, simply click on “promotion info” next to the promotion.

6.2 Promotional discounts will be made on condition that the order is completed by the User, through “checkout” and paid, by the end of the announced period.

6.3 Saving a product in the “shopping cart” does not guarantee its price or discount, if the provisions of the previous point are not complied with.

 

7. DELIVERY / COLLECTION

7.1 ENDEMIC AZORES will endeavor to inform you of the expected delivery dates immediately after completing the order, but the maximum delivery period will never exceed 30 days.

7.2 The delivery period begins on the day the contract is concluded, as provided for in article 3.1., unless expressly agreed otherwise between the parties

7.3 If any item is damaged or missing from your order, please contact us at 918191180 or endemicazores@gmail.com, within 5 days of delivery. If any product is damaged upon delivery, the carrier’s employee must be informed at the time of delivery. The product will be collected within 14 days from the day the Customer contacts us, unless specifically agreed otherwise.

7.4 Products are delivered to the location specified at the time the order is placed. Ownership of the goods passes to the Customer upon full payment of the price and any other amount. The risk of loss or damage to the goods passes to the Customer upon delivery.

7.5 The Products will be delivered by CTT, by registered mail, to the address indicated by the Customer. If you choose to place your order in more than one order process, different delivery times may apply.

7.6 Deliveries on the Mainland and Islands

7.6.1 Deliveries are made from Monday to Friday, from 8:00 am to 00:00 am; on Saturdays, Sundays and holidays, from 10:00 to 00:00. Using the code sent after making your purchase, you can track the status of your order on the website www.ctt.pt. Products will only be delivered in person, unless they weigh less than 100g and can be left in the mailbox.

7.7 Delivery of the order is subject to payment by the customer of shipping costs that are in force on the date of confirmation of the order, depending on the weight and delivery address of the order. The shipping costs currently in force are as follows (Endemic reserves the right to change these values depending on conditions intrinsic or extrinsic to the business):

For Mainland Portugal and Islands:

0 – 1kg = €3.99
1,001kg – 2kg = €5.99
>2,000kg = value to be calculated

For foreigners, the price is calculated and sent to the customer depending on the address and weight of the object.

 

8. WARRANTY/CLAIMS

Article 4 of Decree-Law 24/2014, of 17-02, with the changes introduced by Law 47/2014, of 28-07

8.1 The Customer is always entitled to legal warranty rights, for equipment required by law, for a period of two years from delivery of the product, under the terms and conditions of the law.

8.2 If you wish to make a claim under an additional warranty provided by ENDEMIC AZORES, you must inform ENDEMIC AZORES of the defect as soon as possible and, as a last resort, within 2 (two) months after it was reasonably possible to discover the defect, under penalty of losing the right to make any claim under the warranty. Complaints regarding perishable products must be made within 48 (forty-eight) hours after delivery.

8.3 Under ENDEMIC AZORES’ additional warranty relating to its own brand products, claims may be made regarding defects in material or manufacturing. A valid claim gives rise to a free repair or replacement of the Products, at the discretion of ENDEMIC AZORES. If repair or replacement is not possible or reasonable, taking into account the costs involved, ENDEMIC AZORES is entitled, as a final solution, to reimburse the costs.

8.4 After reporting the defect, the Customer must allow ENDEMIC AZORES to analyze the Products. Inspection of the defective Product takes place at ENDEMIC AZORES facilities. Transport/refund costs are borne by ENDEMIC AZORES unless the warranty claim is denied, in which case the Customer must pay transport costs.

8.5 Any defects in the Products that result from normal wear and tear or any other external cause, such as, but not limited to, damage caused by transport by the Customer, incorrect use, or if the Customer has made any repairs to the product without prior written authorization of ENDEMIC AZORES, will not be covered by the warranty, unless such use or repairs are inherent to the use of the Products.

 

9. LIABILITY AND INDEMNIFICATION

Article 4 of Decree-Law 24/2014, of 17-02, with the changes introduced by Law 47/2014, of 28-07.

9.1 ENDEMIC AZORES’ liability is limited, to the extent permitted by law. ENDEMIC AZORES will never be responsible for any damage to the Customer if:

a. Damages result from non-compliance with producer responsibility, unless ENDEMIC AZORES is legally responsible, under the terms of the law;
b. The damages are indirect and/or consequential damages.

9.2 If damage occurs, the Customer is obliged to limit, as far as reasonably possible, any additional or other damages.

 

10. RIGHT OF RETURN / RESOLUTION

Articles 4, 10 to 14 and 17 of Decree-Law 24/2014, of 17-02, with the changes introduced by Law 47/2014, of 28-07

10.1 The Customer has the right to terminate/terminate the contract within 14 days from the day on which the Customer or a third party on its behalf acquires physical possession of the good, or of the last good in the case of several goods ordered in one single order and delivered separately. You can exercise the right of termination to: ENDEMIC AZORES, Travessa de Santo Inacio nr.4, 9900-126 Horta, indicating the decision to terminate this contract by an unequivocal statement (for example, letter sent by post or e-mail), to be sent before the deadline referred to in the previous paragraph. You can use the attached resolution form template.

Effects of resolution
If the Customer terminates the contract, we will refund all payments received, including delivery costs (with the exception of additional costs resulting from choosing a type of shipping other than the cheapest standard shipping method offered by us), without undue delay and, in any case, within 14 days from the day on which we are informed of the decision to terminate that contract. We will proceed with the refund using the same payment method used in the initial transaction, unless expressly agreed otherwise, within a maximum period of 72 hours. In any case, the Customer does not incur any costs as a result of this refund. We reserve the right to withhold refunds until we have received the returned Products or until proof of dispatch of the items has been provided, whichever is earlier.

Return of items
If the Customer chooses to exercise the right of withdrawal, it is their responsibility to bear the cost of returning the goods.

Responsibility and Warranty
The Customer is only responsible for the depreciation of the articles resulting from handling other than that necessary to verify the nature, characteristics and functioning of the articles.

10.2 To exercise your right of withdrawal, you can use the model withdrawal form attached to these Terms, which you can also find on the Website. Alternatively, you may terminate the contract by issuing an unequivocal statement to ENDEMIC AZORES stating that you intend to terminate the contract.

10.3 All products containing used consumables (for example: chalk) can only be exchanged/returned by replacing these consumables. ENDEMIC AZORES reserves the right to charge/retain costs for the content of these consumables used by the Customer.

10.4 Your right of withdrawal does not apply: to the supply of products made to the consumer’s specifications or clearly personalized; the supply of products susceptible to rapid deterioration; the supply of products that cannot be returned for reasons of health protection or hygiene.