Terms and Conditions of Sale
The terms and conditions of sale, started with a capital letter and duly highlighted throughout the text, which meaning is conferred by Article 14 below with the epigraph “Definitions".
The present terms and conditions of sale apply to all products sold by the Company on the internet site and delivered throughout the entire world.
The Customer agrees to accept, without reservation, the present terms and conditions of sale at the time that selects the same, via an electronic click, prior to completion of the Order.
Accepting without reservation of these terms and conditions of sale, as well as the order confirmation, imply the conclusion of a contract between the Company and the Customer for the supply of products in the national and international territory. Any other terms and conditions of sale will be inapplicable.
The contract may only be amended with the agreement of the Company, in writing or by email.
The information contained in the advertisements, brochures, or in any other written documents, directly provided by agents or employees of the Company and/or transmitted or communicated through any medium, including via internet, are an invitation to begin negotiations, not having any contractual value.
1. Pre-contractual information
The Customer is hereby informed that all products available for sale on the website are used or reconditioned products, in accordance with European legislation and standards applicable in Europe.
Only are sold second hand products by the Company on the Website.
By accessing the present terms and conditions of sale, the Customer acknowledges that:
has full power of decision or has the permission of the person empowered to that effect, enjoying thus the necessary capacity of exercise to conclude a contract with the Company;
has knowledge of the information contained in the present terms and conditions of sale and of the information concerning the essential characteristics of the ordered Products; such information is included in the technical files of the products presented in the website; for this purpose, the Company clarifies that the photographs of the products available for sale on the Website reproduce the original products as faithfully as possible, being however difficult to ensure a perfect similarity to marketed products; the photos are only available in the Website for illustrative purposes; the photographs that illustrate the products do not enter in the contractual field and do not replace any commitment on the part of the Company.
If the Customer believes that does not have the necessary expertise to choose the product(s) most suited(s) to your situation, may resort to the advice provided by any person or entity of his choosing.
In any case, the Customer has the opportunity to contact the Company by email and/or phone to obtain additional information about the products presented on the Website.
2. Purchase Order
2.1 Placing Order
The Customer can only place his order through the Website or by telephone.
The Company ensures the Customer of the reliability of the order placed through the Website.
The Company warns the Customer for the fact that, in the event of the Order being carried out on the Website, the information entered in a wrong or incomplete way (in particular the address of the recipient) are likely to lead to errors in the execution of the Order (in particular in its delivery) which cannot, in any way, be attributed to the Company.
The Customer must confer with accuracy the Product(s) ordered, the quantities ordered, as well as the place of delivery of the Order.
2.1.1 When the Customer completes the order purchasing a part by selecting the option "With the customer part delivery", he will be obligated to get the part to our facilities in good conditions.
2.1.2 The part that is to be returned by the customer must be in its original state, without any kind of manipulation or any attempted to be repaired, because if it is necessary to repair it, it must be in proper conditions for that purpose.
2.1.3 The part that is to be returned by the customer shall be with the same specifications (references and characteristics) as that acquired by the customer.
2.1.4 In case, if the old customer part does not meet requirements above, the customer will have to pay 50% of the value of the part purchased.
2.1.5 The part that needs to be returned by the customer is owned by the Company from the moment the purchase is made.
2.2 Order Confirmation
In the case of the Company accepting the Order, the same notifies its acceptance by issuing an Order Confirmation that is sent to the email address of the Customer.
The Company reserves the right to refuse any Customer order by a legitimate reason, in accordance with the legislation in force.
2.3 Order cancellation
2.3.1 Cancellation of the Order by the Company
An Order can be cancelled by the Company in the following situations:
- unavailability of ordered product(s) and/or impossibility of provision of the service(s) for which was issued a particular order;
- lack of payment of the price of the Order by the Customer within the specified deadline, as foreseen in article 4.1 below
- reason of force majeure (in particular: unpredictable delay in deliveries or deliveries defective from the suppliers).
In case of unavailability of the ordered product(s)
Although the Company promotes the appropriate efforts to provide the products referred in the order confirmation, may be confronted occasionally with the impossibility to provide the Customer with the ordered goods or services (as an example, there may be fluctuations in the stock that does not permit ensuring the absolute availability of the product(s)).
In the event of breach of contract by the Company due to the unavailability of the ordered good or service, he must inform the Customer of that fact and repay any paid amounts within a maximum of 3 days from the date of knowledge of that unavailability.
2.3.2 Cancellation of the Order by the Customer
An Order can be cancelled by the Customer in the following situations:
- delay in delivery of the ordered product(s) and/or service(s) by the Customer as indicated in Article 5.2 below;
- shipping damage or lack of conformity of Product(s) quantity delivered to the Customer, as provided for in Article 5.5 below;
- lack of conformity in kind of the Product(s) delivered to the customer, claimed under the conditions laid down in Article 5.6 below;
- the exercise by the Customer of his right of withdrawal, as referred to in Article 6.1 below or Customer error on the ordered product(s) as provided in Article 6.3 below.
2.4 Implications of cancellation of the Purchase Order
In cases of cancellation of the order for the reasons set out in Articles 2.3.1 and 2.3.2 above:
- the payments already made by the Customer and received by the Company will be refunded through the crediting of the amount paid in the credit account of the Customer (if payment has been made by credit card), by means of a bank transfer or depositing its value in the PayPal account of the Customer;
- the refund will be made in accordance with the legal provisions in force in national and international territory, i.e. within a maximum of three (3) days, counted from the date of repeal of the Order by the Customer;
- return costs will be the responsibility of the Customer and in accordance with the provisions of Article 6 below.
3.1 Price Table
The selling price of a product or service is freely determined by the Company and may vary at any time.
The Company will make the necessary effort to reflect, in the shortest possible time, all the fluctuations in the prices of products available for sale by updating with frequency the Website.
In any case, the price invoiced to the Customer will be the price in effect at the time of the Order, as fixed on the Website.
The price is fixed on the Website in Euros, with all taxes excluded, excluding shipping charges.
The information relating to the price should be rigorous and transparent, with the discrimination of all taxes and charges included in the final price.
The company is not responsible for fees and costs relating to services of customs clearance, being the burden of customer.
The total price of the Order (T.P.O.), including additional shipping charges referred to in Article 3.1 above, will be shown on the invoice issued by the Company after the Order confirmation; the invoice will be made available to the Customer on the Website, through his personal account.
4. Payment for the products and/or Services
4.1 Payment methods
The Customer can pay for the Products in accordance with the procedures set out under the heading "payment methods" listed on the Website, that is by credit card (Visa, Mastercard), PayPal, bank transfer or cash on delivery. The Customer must pay in euros.
The online payment is ensured by the RBS WorldPay, specialized agency in secure online transactions.
For this purpose, the Customer ensures the Company that has the necessary authorizations to use the chosen payment method at the moment of registration of the Order.
In the case of the Customer pay by bank transfer, the Product(s) will be supplied(s) and service(s) run after receiving such payment.
In the framework of the fight against fraud in the Internet, information relating to the Customer order may be transmitted to any third party for the purposes of supervision, provided that they are duly legitimised to that effect (a legitimate third party shall be, merely as an example, an organ of the criminal police).
All payments made on the website are evaluated and controlled.
To avoid any delay due to these confirmations, the Company recommends the Customer to indicate, at the time of the Order, the following data:
- number of fixed and mobile phone of each address indicated.
Depending on the case, may be requested additional information to the Customer, or even required for validation of his order.
In the event of not being liquidated a particular transaction, the Company reserves the right not to proceed with the order.
5. Delivery of Products or Services
5.1 Place of delivery
The Company delivers the Products anywhere in the world and at the address of delivery indicated in the Order.
The Customer is responsible for information supplied in the Order: in the event of an error in the wording of the data of the recipient of the Order, the Company will not be responsible for any inability of delivery of the product(s).
Will not be accepted any changes of delivery address, after the payment of the Order for the delivery of the ordered product(s) or Service(s). The Customer may however request the amendment of the delivery address with the Carrier, but this situation will be at his own account and risk. In this case, the Company will not be responsible for any delivery errors or loss of the Order by the carrier.
The Customer can also choose to pick up the goods in the Company's facilities.
5.2 Delivery time
The product(s) and/or service(s) is (are) usually delivered and/or performed within 2 to 5 days from the date of the Order (except on weekends and public holidays) for the whole of the European Community.
All the remaining 'countries the delivery period can last between 5 to 20 working days, the company cannot be held liable for delays relating to the documentation or customs formalities.
The delivery time can be considerably longer in areas of difficult access, in these cases, can be justified, an exceptional extension of the delivery time of the order, but should not be more than thirty days.
5.3 Partial deliveries
A Customer who has ordered several products or services may receive, in the event of unavailability of one or more products on the date of dispatch of the Order, only one of the available products on that date.
In this case, the Company shall refund the Customer the price of the product and/or service that was not delivered.
5.4 Risk transfer
The risk associated with the Products will be transferred at the time of delivery of the Products.
5.5 Receipt of Products
The delivery is performed by the carrier and signalled by an electronic or paper receipt document, called "delivery document", signed by the Customer and/or any other recipient indicated by the Customer in the order.
In the case of shipping damage, nonconformity of the product(s) Ordered and/or service(s) delivered, or Customer error in the Order, brought to prior knowledge of the Company under the conditions laid down in Article 6.3 below, the recipient must mention very clearly their reservations at the time of receipt, directly in the "delivery document".
In this sense, the Customer must check the content, the conformity and the condition of the product(s) at the time of delivery.
This confirmation is considered done when the Customer, or a person authorised by him, signs the "delivery document" presented by the carrier.
If you have entered reservations, the customer must imperatively refuse the delivery and demand from the Carrier the immediate resumption of the product(s), having first verified the respect of the conditions for the return of the product(s) provided for in Article 6.4 (c) .
In the absence of reserves in the "delivery document", would not be allowed any claim by the Company for lack of quantitative conformity or external defect of the delivered product(s).
Can only be done a posterior claim in relation to defects in species of the delivered product(s), held in accordance with the conditions laid down in Article 5.6 below, or, the title of legal guarantee, of hidden defects indicated in Article 8. below.
In the case of the deficiencies are actually confirmed by the Company, the Customer Order will be cancelled, with the consequences provided in Article 2.4 above, being established that no cost of return will be due by the Customer taking into account the immediate resumption of the product(s) by the carrier.
The Customer should perform a new order in case of wanting a new delivery.
In the case of delivered products presenting a divergence, in kind, with the ordered Products (wrong reference), the Customer who did not express reservations on the "delivery document" must, under a penalty of nullity, send his claim to the Company by email or telephone within a maximum time period of 5 (five) days after the date of delivery, indicating:
- the Order number;
- the reference(s) and quantity of the ordered product(s);
- the reference(s) of the received Product(s);
- the exact reason for the complaint.
Being the divergence in kind actually confirmed by the Company, the Customer Order will be cancelled, with the consequences provided in Articles 2.4 above and 6.2 below.
The Customer should perform a new Order if he wish to receive a new delivery.
5.7 Second Invoice Path
All orders are accompanied by the respective invoice.
After the merchandise has been delivered, the customer must verify if the invoice it is accompanied by it.
In case it is not accompanied by loss or loss during the transportation, the customer has 5 working days to request a second invoice path from our services.
6. Customer's right to return the Products
6.1 Right of withdrawal
In accordance with Portuguese and European law, if you are a non-professional Consumer and are not satisfied with any of the Products or Services purchased, you may return the Product (s) or cancel the order (s) By contacting the Company by e-mail or by telephone within 14 days after the date of delivery of the Product (s) (the date on which the delivery document is signed).
With the exception of respect of the deadline of 14 (fourteen) days cited above, the refund of the Customer will be carried out within 14 (fourteen) days from the date on which the abrogation of order was communicated by the Consumer to the Company.
If the Customer has made the payment of the ordered product through PayPal, is automatically inhibited to carry out any kind of complaint, activation of warranty, request for refund or directly return to the paypal on products purchased in the shop, always having all those types of requests to be addressed directly to the Company.
The costs of return and sending (shipping) will be borne by the Customer
In any case, the refund of the price of the ordered product(s), delivered to the Customer and subsequently returned by the customer to the Company only will be carried out to the extent that the returned product(s) have been inspected and considered complete and in good condition by the Company (not used and without any trace of fitting).
Will not be accepted any refund requests, or return request on products purchased from the Company in which they have been violated, or the seals of protection of the plug connection with the vehicle removed (as the following picture).
6.2 Return of Products attributable to nonconformity of delivery in kind of the same
In case of nonconformity of the delivery of the ordered Product(s) and/or Service(s), the Customer who sent his complaint to the Company under the conditions laid down in article5.6 above, may return the same to the Company after receiving authorization for that purpose under the conditions laid down in article 5.6.
6.3 Return of Products in the event of error in the Customer Order
In case of error at the time of the Customer Order (reference, allocation, brand, amount, address), the Customer should contact the Company by e-mail, no later than one hour following the receipt of the Order Confirmation, to request the immediate cancellation of the Order. The cancellation of the Order will have, eventually, implications set out in article 2.4 above, being stipulated that:
- In case of the shipment(s) of ordered Product(s) have already been prepared or the Service(s) performed at the time of receipt by the Company of the cancellation request of the Client, the same may only refuse the delivery of the ordered Product(s) or Service(s), requesting the Carrier to return immediate the Order and indicating in the "delivery document", without signing the same, mentioning " Refused ".
- In any case, the refund of the Price(s) of ordered, delivered and then returned Product(s) will only be performed to the extent that the returned Product(s) have been inspected and considered complete and in a good state by the Company (not used and without any trace of mounting).
Product means the product itself and also its packaging. The packaging cannot be torn, stained, or contain inscriptions, as well as all the warranty seals should be intact and in its original form.
If the item is returned incomplete or damaged, the AIRBAGSZENTRUM, Lda reserves the right to make a cancellation of the refund paid by the Customer.
The non-refund will be explained and justified by e-mail to the Customer.
The Customer must make a new Order if he wish to receive a new delivery.
6.4 Conditions for returning Products
For the Company to accept the returned product(s), the Customer should follow the following procedure:
- Contact AIRBAGSZENTRUM by email via your Customer account or by phone so that you will be issued a return authorization and a transport good.
- Replace the Product in its complete original packaging and without damage.
- Put the original packaging and the Return Authorization (after printing the same) on the protection packaging.
- Contact the Carrier to request a waiver of the Order.
- Deliver to the courier the Order accompanied by the transport good.
- You can also deliver the Order directly in the Company's facilities.
The respect for this procedure will ensure that the product(s) reach the correct destination and in good condition in the shorter deadlines possible. In the case of the Customer did not follow this procedure, it is possible that the returned product(s) won't be accepted by the Company.
The Company reserves the right to reject any Product that is not returned in accordance with the conditions described above.
Will not be accepted any requests for refund, or request for return on products purchased from the Company in which they have been violated or withdrawn from the protective seals of the connector for connection with the vehicle and the protective seals affixed to the parts. ( as in the photo below ).
7.1 General Information
The products presented by the Company are in accordance with the European and national legislation in force.
The products sold by the Company can only be mounted on vehicles or systems, recommended by the manufacturer or the manufacturer of the equipment, by a competent person and on its own responsibility. The Company will not be in any way responsible for the consequences of an incorrect mounting or use of a product on a given vehicle.
The Company cannot in any case be responsible for programming and/or encodings that are necessary to carry out after assembly of the products sold.
Despite the sold product is used, however still maintain the same original specifications of the manufacturer and the same quality standards, these are sold with a coding associated with the original vehicle. The same after the placing it on the Customer's car can keep the number of the instrument and the original Km of the vehicle, this situation may not be a reason for the return of the part, being customer responsible for their installation/encoding.
To ask any question with respect to warranties is required to send e-mail to email@example.com to expose the condition for which you are requesting warranty, having a response within 24 hours.
7.2 Seller's and / or manufacturer warranty for selling defective products
The defective products benefit from guarantee by the seller and the manufacturer, as the case, which is usually a year(12 months).
All the repairs carried out by the Company enjoy a 24-month warranty.
However, to exercise the rights referred above, the consumer must report to the seller or manufacturer the lack of conformity of the movable property within two months (ended this period, can then benefit from the period of one year warranty).
In the event of a defective product during the warranty period, repairs will be guaranteed by the seller or by the manufacturer, as the case may be.
In the event of return or warranty claim, The costs of returning the product, are the sole responsibility of the customer, and never in any case of Society.
7.3 Warranty against defects
In the case of a product purchased by the Customer being defective, the Customer may choose, in this order require from the Company: 1 - The repair of the product ; 2 - its replacement 3- can never request a refund of the amount paid.
The Customer that declares that the product delivered by the Company is affected by a defect must prove the existence of the same.
Thus, it should be requested by the Customer an expert report done by an authorized expert for the purpose to make sure of the defect. In the case of the expert report confirm that there is indeed a defect, the respective proof should be sent to "Customer Service" of the Company as quickly as possible.
In the absence of special regulation, applies to this matter the regime of sale of defective things laid down in the Civil Code, properly in conjunction with the law of consumer protection.
7.4 Exclusion of Warranties
The guarantees do not cover:
the replacement of consumables;
the abnormal use or non-conforming of products;
the defects derived from a non-conforming use of the product, having regard to its purpose;
other defects derived from any external cause.
No applications will be accepted for warranty on products purchased from the Company in which the guarantee seals of the product have been violated or removed ( as in the photo below ).
8.1 If the Customer is a non-professional Consumer
Nothing in these terms and conditions may limit or exclude the responsibility of the Company for breach of any of its legal public order obligations.
8.2 If the Customer is a professional Consumer
- These terms and conditions describe the set of obligations and responsibilities of the Company in relation to the supply of products and the provision of services;
- The only obligations and guarantees of the Company are expressly listed in these terms and conditions, excluding any other warranties and/or obligations;
- Any warranty and/or obligation regarding the products or services that could be under the responsibility of the Company by virtue of a legal provision (including in particular any implied obligation as concerning the quality, adequacy for a particular purpose, reasonable care and skill to have) is by this expressly excluded. In particular, the Company will not be responsible in the case of the products do not match the needs of the Customer.
8.3 The Company will not be responsible in case of loss of income, loss of profits, loss of contracts, immobilization of the vehicle or data loss as well as for any other indirect or arising damage , even if it was caused by his fault (INCLUDING NEGLIGENCE).
The total responsibility of the Company is limited, whatever its foundation, the amount paid by the Customer for the Product(s) and/or Service(s) concerned.
9. Force majeure
Are particularly considered cases of force majeure, the following cases: wars, lock out, riots, strikes, coups, natural disasters, and in general the cases recognized by the jurisprudence of the Portuguese courts in accordance with their unpredictable, irresistible and exterior characteristics.
The Company will not be responsible for the failure of any one of their contractual obligations to the extent that the same is due to a case of force majeure and that this situation was not reasonably foreseeable nor avoidable or surmountable.
10. Applicable Law and Jurisdiction
These terms and conditions of sale and any dispute concerning the interpretation or implementation of these Terms and Conditions of Sale and its implementation is applicable the Portuguese law and are competent the Portuguese Courts.
11. General provisions
11.1 The assembly of the stipulations of these terms and conditions constitute the entire agreement between the Company and the Customer (below " Agreement ") with respect to its subject, and replaces and cancels all declarations, negotiations, commitments, oral or written communications, acceptances, previous conventions and agreements between the Parties concerning the provisions which this Agreement is applicable or that provides.
11.2 The fact that for any of the Parties, in one or more situations of does not prevail one or several provisions of the Contract, do not in any way imply the renunciation by that Party to avail themselves of the same in the future.
11.3 In case one of the provisions of the Contract being contrary to law or any applicable rules, the same will be rejected, without putting in question the validity of the other provisions of the Contract.
11.4 Any amendment to the Contract should be in writing, by mutual agreement between the Parties.
11.5 If in case the customer chose to collect any part in our local store that he has left for repair, replacement, budgeting, etc..., since the date the Company reports the customer part is ready to collect, that part shall be collected within 5 working days after the warning of the available product (at the end of the term, the customer will a pay a storage fee of 2.5€/day+taxes), under article 1318 of civil code, after a period of 5 days, if the product hasn't been collected or been requested to be shipped, it will be considered abandoned and their property will revert to the Company or will be sent for recycling.
12. Data Protection
Carrying out the order, the Customer authorises the Company the archive, treat and use the data received in the Order for the preparation of the same. Some of this information may be passed on to Companies that are involved in the delivery of the products. In addition, when the Customer uses a funding to pay for the ordered Products, some provided information will be transmitted to the Companies responsible for this financing.
The Company reserves the right to send unsolicited advertising to customers with whom there is previously concluded one or more transactions, since they have been given prior and explicitly the possibility to refuse such advertising, on the occasion of the transaction, and if this does not entail the Customers of any additional expenditure to the telecommunication service cost.
13. Repairs and guarantees of repairing
The guarantee of our repairs, except in some cases in which it is done a notice to Customer, has 2 year warranty. This warranty covers only the parts that we were repaired.
To proceed with the reparation is always mandatory to fill our repair form (https://techniczentrum.com/pt/content/8-pedido-de-reparacao2), being that it is the responsibility of the customer filling it, if some information both personal and from the part that is going to be repaired is not correct and if that influences the reparation, is always the responsibility of the customer, if so the possibility of the reparation cannot be completed successfully. All parts are subject to a budget with the cost of 75 €+VAT, value that will not be charged if the customer accepts the reparation.
For parts delivered by the customer on our premises is required to fill out a form of repairing agreeing the client with our terms and conditions of service, after the signing of the same, being necessary for subsequent removal. All conditions are always applicable both to fill in our online form, as in our facilities.
If for any reason a repair is not complete, for lack of information on the diagnosis, manipulation of the part by the customer or for reasons beyond the return of the amount paid
" Company " means the Company Airbags-Zentrum, Lda , with the NIPC 508263069 with head office at Rua 10, No. 356, Zona Industrial de Rio Meão, 4520-475 Rio Meão;
" Order " means the electronic ordering formula contained in the Website performed by the Customer in accordance with the envisaged in these terms and conditions;
" Customer " means a professional or non-professional consumers who purchase products and/or services from the Company;
" Order Confirmation " means the order confirmation that the Company issues to notify of Customer of acceptance of his order;
" Non-professional Consumer" means a Customer who purchase products and/or services by other needs, not relating to their professional activity;
'Contract' means the assembly contractual constituted by these terms and conditions and by the Order Confirmation;
" Invoice " means the invoice issued by the Company for the purposes of payment of the price of products and / or services;
" Working day " means any day which is not a Saturday, a Sunday or a public holiday in Portugal;
" Order Number " means the order number issued by the Company for the Customer;
" Party(ies) " means the Customer and/or the Company;
'Price' means the price of the product(s) and/or Service(s) purchased by the Customer in the Company, as defined in Article 3 of these terms and conditions of sale;
" Products " means the products available in the Website that the Company undertakes to deliver in accordance with these terms and conditions, may in particular include Services;
" Site or the WebSite " means our Internet site, searchable in www.techniczentrum.com , designed to receive orders from consumers throughout the world;
'Carrier' means any Carrier responsible for the delivery of the ordered product(s).
Website : www.techniczentrum.com
Address of the Company in Portugal : Airbags-Zentrum, Lda, Rua 10, No. 356, Zona Industrial de Rio Meão, 4520-475 Rio Meão;
Direct telephone line : (+351) 256 104 840