General Selling Conditions
TERMS AND CONDITIONS OF ACCESS AND SALE IN THE ONLINE SHOP
1. General terms and conditions 1.1 These general conditions regulate the general terms and conditions of sale of kitchen utensils for the domestic and professional segment of the ICEL - Indústria de Cutelarias da Estremadura, S.A. brand, available in our online shop.1.2 These conditions regulate all the different stages that must be followed by the User, from the act of ordering, to the purchase, to its effective delivery, providing all the information for the conclusion of the transactions carried out between the contracting parties. 1.3 By visiting our online shop, the User is adhering to these terms and conditions of sale and is guaranteed the exercise of all rights provided for in applicable legislation. The use of the services provided in our online shop is the entire responsibility of the User, and the services are provided on an "AS IS" basis, and all information provided and downloaded by the User is treated and used strictly for the purposes set out in these Terms and Conditions. 1.4. This online shop, as well as the access platform and respective website, are the exclusive property of ICEL - Indústria de Cutelarias da Estremadura, S.A., headquartered at Avenida Padre Inácio Antunes, nº 45, 2475-102 Benedita, legal entity registered in the Commercial Registry Office of Alcobaça, under the single registration and legal person number 500136076, hereinafter referred to as ICEL. 2. Conditions of access to the online shop 2.1. Access to our online shop is entirely free and requires prior subscription or registration as a User, and for this, you must fill in the fields presented to you, requesting and indicating your name, email address, country of residence, and entering a personal and untransferable password (minimum of 6 characters), always bearing in mind the veracity of the personal data provided to make the registration. The login to access our online shop will then always be made through the access data, validated at the time of initial registration. 2.2 Once all the personal data requested have been entered, an email will be sent to the User, with a link to confirm their registration, only becoming registered from the moment they click on this link. 2.3 The registration data in our online shop, access platform and website are personal, non-transferable and are for the exclusive use of the User, who should keep confidential the elements relating to their personal identification (name and password) and not disclose them to third parties. Any use of or access to our online shop using any codes made available to or by the User is considered to have been made by the User, unless there is suitable evidence to the contrary. 2.4 ICEL is not responsible for any damages resulting from the misuse of the User's personal data. The User undertakes to inform, if he/she becomes aware of the abusive or improper use of his/her personal data and/or access to our online shop or website.2.5. ICEL reserves the right to suspend or refuse temporarily or permanently the registration request, as well as the right to cancel any registration previously accepted, without the need to communicate or explain the reasons for its decision and without this entailing any liability and/or payment of any compensation. 3. Scope and general conditions of the online shop3.1 All our services are available in our online shop through the website www.icel.pt, where all the marketed items of the ICEL brand are available, allowing the User to order all the products disclosed in it, under the terms and conditions described herein. 3.2 The "Products" tab contains all of the items in our online shop. The Customer must choose the item, confirm the reference, colour, quality, quantity and stock availability, and all selected items are inserted in the "Shopping Cart". To complete the purchase, the Customer simply selects the "COMPLETE" option. 3.3 The order of items should be made by Users aged 18 (eighteen) or over, and all data provided and made available by the User has full legal effect, being the User entirely responsible for all orders and electronic purchases made, not being able to allege lack of recognition or validation of the documentation to carry out the order, sale or lack of knowledge of the applicable terms and conditions. 3.4 ICEL reserves the right to modify, without prior notice and at any time, the information of the commercial supply presented, both within the scope of the items, promotions, commercial conditions and respective services. 3.5. The images illustrating each product in the online shop may differ from the product delivered later. Should this be the case, the User has the right to proceed to the resolution of the purchase and sale contract, under the terms legally applicable and better described in the section referring to exchanges and returns. 3.6 All items on sale in our online shop are subject to existing stock and orders will be processed on a first come, first served basis. In case of stock shortage, temporary or definitive, the User will be duly notified , being suggested an alternative of items with similar characteristics. 4. General Conditions of Sale 4.1 Registration - To make any purchase in our online shop, the User must register as a Customer under the conditions provided in point 2, referring to the conditions of access to the online shop. After registration, the Customer can place an order by selecting the desired items and should follow all the steps described, so that the order is finalised successfully. 4.2 Payment method - After order confirmation, the Customer has a period of 5 (five) days to make the payment, selecting the payment method he/she wishes, among the options available:- Bank transfer: You must validate your shopping cart and select "Bank Transfer" as the payment method. You will have access to our bank credentials. If you choose this payment method, you should send an email to email@example.com, with proof of transfer and the respective order number. The payment is valid after confirmation of the amount by the bank. After validation of the payment, you will receive an email confirmation of the same, after which your order will be shipped.- Credit card/Paypal: Paypal includes VISA, Mastercard and American Express credit cards. Through this payment method, your financial data, such as credit card and bank account numbers are not shared with ICEL, nor with third parties. To pay by credit card, without having a Paypal account, you must select the option "Pay with bank account or credit card". The payment is valid after confirmation of the amount by the bank. After validation of the payment, you will receive an email confirmation of the same. After this confirmation the order will be shipped. 4.3 Once the payment has been validated by the bank/Paypal, an email will be sent to the Customer. 4.4 Orders - To validate and confirm any order, the Customer must select the box stating "I confirm the order data and that I have read the conditions of use". Any order placed in the online shop will only be processed after payment confirmation, and the formalisation of the order does not constitute the reservation of the item. After order confirmation, an email is automatically generated and sent to the Customer, containing the payment data and an order summary. ICEL commits to deliver the orders, properly packed, at the address indicated by Customer. 4.5 Shipping of orders - ICEL only ships orders on working days until 3 P.M., Saturdays, Sundays and holidays are not considered for the estimated delivery of orders. Any delays in transport are the sole responsibility of the Carrier, not entitling the Customer to the payment of any compensation. 4.6. Your order will be shipped when all selected and ordered items are available in stock, according to the Carrier's delivery schedules. Orders will be considered as lost upon confirmation from the Carrier. When the order is shipped, an email will be sent to the Customer and an SMS (sms predict) will be sent when this information is provided by the Customer.4.7. Orders for mainland Portugal are shipped by DPD, for Madeira and the Azores by CTT, and for other destinations by GLS or UPS.4.8. Orders may be sent to:- Your home: the order is sent to the address indicated by the Customer. As soon as the items are shipped from our premises, an informative email and a SMS Predict are sent by the Carrier, if the Customer has provided this information. For shipments to the Islands and Europe, an email is automatically generated by ICEL, with all the details of the order and its shipping. The Customer must indicate the complete delivery address (street name, house number, post code, city and country), ensuring the presence of someone to receive the order. For security reasons, if the Customer does not receive the order himself/herself, he/she must indicate the name of the person who will receive it. It is also mandatory to indicate the contact number to be used by the Carrier to send the SMS Predict. Orders will not be sent to P.O. boxes.- Pickup points: when ordering, the Customer can choose the pickup points of the Carrier, which are automatically updated by the Carrier. When the Customer selects the pickup point option when ordering, all the updated options are automatically displayed. Pickup points offer the convenience and ease of the Customer picking up his/her order seven days a week, at a time that is most convenient for him/her. Once the order arrives at the selected Pickup point, the Customer will receive an SMS Predict alert from the Carrier, and will have a period of 10 (ten) working days to collect it. A second SMS will be sent two days before the collection deadline expires and the order is returned to ICEL, S. A.- Delivery in the Islands (Madeira and Azores): the order is sent to the address indicated by the Customer. Once the order is shipped from the premises of ICEL, an informative email will be sent, with indication of the Order Summary: Order No., Date, Billing Address, Shipping Address, Billed Products, Total Amount, and the message "Order Status: SHIPPED". Orders will not be shipped to P.O. Boxes.- International deliveries: a order is sent to the address indicated by the Customer, anticipating, at the outset, that ICEL does not deliver orders in Greece, Ceuta, Melilla, Balearic and Canary Islands, in Spain. As soon as the order is shipped from the premises of ICEL, an informative email will be sent, with indication of the Order Summary: Order No., Date, Billing Address, Shipping Address, Billed Products, Total Amount, and the message "Order Status: SHIPPED". Orders will not be shipped to P.O. Boxes. In international deliveries, shipping prices are calculated automatically when the order is completed. ICEL is governed by legislation, authorisations and marketing conditions in force in Portugal, not being responsible for the shipment of items that are not authorised to be marketed in the place of delivery. The eventual seizure of the respective orders is of the Customer's responsibility, being that, in case of return of the items, only the amount referring to the shipped items will be refunded to the Customer. 4.9. - Delivery Period - The delivery period is 5 (five) to 15 (fifteen) working days, after payment confirmation. In case of stock rupture, the Customer will be immediately informed. Delivery periods may be altered during the festive seasons or holiday periods. After the payment of the order, the average shipping times shall be as follows:- Mainland Portugal - 5 working days;- Azores and Madeira - 7-15 working days;- European Union - 1-2 weeks.
The delivery time of the Campanha Escolas de Hotelaria - Hospitality Schools Campaign sets are exceptional, and are two weeks from the day proof of payment is sent. The delivery of items may vary depending on their availability.5. Applicable prices5.1. The prices applicable to each item are duly identified on each of the items advertised in our online shop, are indicated in euros and include VAT at the legal rate in force, as well as the cost of packaging. To the indicated price, we add, when applicable, the cost of transport/delivery of the item. 5.2 The price of transport and delivery of the item ordered (postage) is calculated according to the weight of the products, destination and total value of the order. The value of shipping costs is automatically indicated in the shopping cart before the order is confirmed, in the case of delivery to mainland Portugal. 5.3 The phases of promotions, discounts or eventual liquidations will also be identified in our online shop, at www.icel.pt.3.4 All information about prices, products, specifications, campaigns, promotions may be changed at any time by ICEL.6. Cancellation of Orders6.1 The Customer may cancel his/her order, requesting it to ICEL by telephone to the number 351262925030, or through the email address firstname.lastname@example.org, mentioning the number of his/her order, the VAT number and the delivery address.6.2 Requests to cancel any order may be accepted, and if the order is cancelled before payment is made, it is automatically cancelled. If the cancellation is made before the shipping but after payment, the cancellation requests may be accepted, provided that the order has not been shipped or customised (in the case with customised engraving on the item), and the Customer should contact ICEL, through its email contact email@example.com, or through the telephone contact +351 262 925 030, confirming his/her cancellation request, in which he/she should indicate the order number, name and email associated to his/her registration. The refund will be processed through the same way. 6.3 ICEL reserves the right not to process any order, when and if it verifies any inconsistency or inaccuracy in the personal data provided by the Customer, or observes any misconduct by the Customer. 6.4 ICEL reserves the right not to process any order, in case of errors of values and/or characteristics of the products, when these result from technical problems to which it is totally unaware. 7. Returns (right of withdrawal) and complaints7.1. The Customer may exercise his/her right of withdrawal (return), without being required to pay any compensation and without the need to state the reason, within 14 (fourteen) days of receipt of the order at the chosen address, except for items that have been prepared according to the specifications requested by the Customer, or are clearly customised. In these cases, the Customer is not entitled to freely terminate the contract.7.2 The Customer may terminate the contract by any of the following means: written statement, telephone contact, exchange, discount on the price or return with refund, or exchange. No order is established for activating each of the solutions, and the Customer may choose one, provided that it is possible and reasonable. Regardless of the form of resolution, the Customer will not be charged any type of expenses other than those provided for in these Terms and Conditions. 7.3 To exercise this right, the Customer must provide all of his/her identification data, order number and the item he/she wishes to return. The communication may be made by email, to the address firstname.lastname@example.org, within the indicated period. After the communication for return or exchange, ICEL will send an email to the Customer with the instructions to make the return, and the Customer must send the item, within 14 days, together with the respective invoice, to the following address: ICEL, S.A., A/C do Departamento Comercial, Avenida Padre Inácio Nunes, 45, 2475-102 Benedita. 7.4 To exchange or return any item, it is mandatory that the item is in its perfect condition, unused, in the same form as it was sold and in its original packaging, accompanied by the respective invoice. There will be no exchanges/returns of altered, used or, in any way damaged by misuse of the same. After receiving the return - item and respective invoice - ICEL's team will assess the returned item, after which an email will be sent to the Customer confirming the return.7.5. The refund will be made after checking the item. The refund will be made by the same means of payment used in the initial purchase, within a maximum period of 30 (thirty) days after receipt of the returned item. 7.6 If the contract is freely terminated, the direct costs of returning the item will be borne by the Customer.7.7 If the Customer wishes to terminate the contract, the Customer must complete the relevant form attached to these Terms and Conditions. 8. Warranties 8.1. ICEL is responsible, under the terms of Decree-Law no. 67/2003 of 8 April (updated by Decree-Law no. 84/2008 of 21 May), for any non-conformity that occurs during the delivery of the item and that manifests itself within 3 (three) years, from the delivery date, as long as it is communicated to ICEL within 2 (two) months, from the date the Customer detected it. The lack of conformity that occurs within two years, from the delivery date of the item, is presumed to exist on the date of its delivery, and ICEL must repair it, or replace it, without any additional cost. When the lack of conformity is verified in a period higher than two years, it will be up to the Customer to demonstrate that the lack of conformity already existed on the date of delivery of the item. If the item presents any non-conformity (defect, manufacturing fault or in the component materials), the Customer should report the situation to ICEL's customer support service, identifying the order number, the description of the defect or malfunction. The complaint of non-conformity of the item may be shared through the email email@example.com; by post to the address Av. Padre Inácio Antunes, 2745-102 Benedita, or by telephone +351262925032, from Monday to Friday from 9 A.M. to 12 P.M. and from 2 P.M. to 5 P.M. (times subject to change). 8.2 After receiving the item in ICEL's facilities, an analysis and verification will be made to prove the non-conformity of the item. The item will be repaired or replaced, if the repair is not possible. In any case, ICEL will send the repaired or replaced product to the address indicated by the Customer, without any additional cost. 8.2 Without prejudice to the above, ICEL grants a warranty on certain selected products:- Tojiro knives;- Anti-cut gloves, anti-heat gloves and steel gloves;- Boning aprons;- Knife sterilisers;- Bobet knife sharpeners; - Sharpening stones. 8.3 ICEL grants an unlimited warranty to cover any manufacturing or material defect in all ICEL brand products. However, damage caused by normal wear and tear, misuse or abuse is not covered by this warranty. 9. Customers' Rights 9.1 Notwithstanding the regime foreseen in the previous point, in case of lack of conformity of the item, the Customer is entitled to:a) Repair of the non-conformity found or replacement of the item;b) A proportional reduction of the price, which reduction shall be proportional to the decrease in value of the item(s) delivered to the Customer compared to the value it would have had if it had been in conformity;c) Terminate the sale and purchase contract, under the terms and circumstances provided for by law. 9.2 ICEL reserves the right to refuse to repair or to replace the item, if this is impossible, or if any of the alternatives implies for ICEL disproportionate costs, taking into consideration the circumstances foreseen in the legislation in force. 9.3 The repair or replacement of the item, when possible and after validated by ICEL, will be done free of charge, within 30 (thirty) days, except in cases of serious lack of conformity or whenever justified. 9.4 In all circumstances, in cases where the non-conformity of the item is found within 30 days of its delivery, the Customer may request its immediate replacement or termination of the contract.
10. General Conditions10.1 The terms and conditions set out in this document are binding on the contractual relationship between ICEL and the Customer, in the access, registration and use of the website and in all the conditions for the provision of the service and order processing.10.2 The processing of any and all orders, exchanges, returns, and refunds are fully governed by the terms and conditions set out in this policy.
11. Dispute settlementIn case of dispute, ICEL and the Customer may resort to the National Centre for Information and Arbitration of Disputes, located in Lisbon or to the Judicial Court of Leiria, expressly waiving any other.