Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE

  PREAMBLE:

  1. These General Terms and Conditions of Online Sale, hereinafter referred to by [CONDITIONS], are agreed between Silmonde, LDA. with headquarters at Rua Avenida Padre João de Medeiros nº 2, Vila da Povoação, Ilha De São Miguel, Azores (9650-403 Povoação), and people who use the Silmonde, LDA website, wish and make purchases in the online store that will be named silmonde.pt.
  2. These conditions apply exclusively to non-market natural persons referred to hereinafter as [USER], meaning as such any natural person acting for purposes that do not fall within the scope of their professional, commercial, industrial or craft activity.
  3. The USER must carefully read the general terms and conditions of sale, being expressly bound to these, by clicking on the “I accept the general terms and conditions of sale” button, so, not agreeing should not place the order or purchase.
  4. These general conditions will not apply if it is verified, by the order made that the USER is not a final consumer, as defined in point c) of article 3 of Decree-Law 24/2014 of 14 February.
  5. Silmonde, LDA reserves the right to without notice, add, modify or change these general conditions of sale online, change the sale price, or modify or replace the products available, considering that the USER when placing a new order or purchase accepts and is expressly bound to the new general terms and conditions and sales prices.
  1. DEFINITIONS

1.1 Silmonde, LDA hereinafter referred to as [SELLER] is a legal person or sole trader with products for sale on the SITE.

1.2. USER is a natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft, or professional activity and who using the SITE makes orders for products or purchases of products.

1.3 PRODUCT OR ORDER: article on the SITE for sale online.

1.4 SPECIFIC PRODUCT: Article produced or marketed in a personalized way

1.5 PRODUCT ON DEMAND: product ordered by a user that is not available in stock;

PRODUCTS AND PRICES

  1. Silmonde, LDA offers, through the SITE, a wide range of products for sale.
  1. The supply for each product shall be limited to the existing stock.
  1. All prices include VAT at the statutory rate in force in the Autonomous Region of the Azores.
  1. Prices are always shown in euro.
  1. The images shown may not correspond exactly to the product presented. For technical reasons, the colours presented may also differ slightly from the actual colours.
  1. In very specific cases, descriptions may be misleading and therefore the description in the manufacturer should also be consulted.
  1. Products on order take an average of up to two weeks in case of stock failure to be available, or specific products may take longer.
  1. Technical specifications, design or colours of the product are subject to change without notice.
  1. The SITE is updated with the utmost attention however it may happen that the information regarding the price may contain error, so Silmonde, LDA, does not commit to the offer reserving the right to cancel the order in case of such error occurs.
  1. Silmonde, LDA declines any liability for any other errors that occur on the SITE, or if the SITE is inaccessible.
  1. The weight of each of the products indicated on the SITE does not correspond to their exact weight but to an approximate weight due to the weight of the packaging materials for shipment of the same.

REQUEST FOR PRODUCT OR ORDER

  1. Orders on the SITE may be placed 24 hours a day, 7 days a week, except in cases of failure due to force majeure.
  1. While browsing the SITE, you can add to the shopping cart by clicking on the “buy”/”add” button.
  1. When you have finished selecting the products, you can select the option, at the top of the SITE, “x products” / “Cart”, to make and complete the purchase.
  1. In the field “portes” you can choose to pick up in our store in Povoação, Sita in Avenida Padre João de Medeiros nº 2, Vila da Povoação, Ilha De São Miguel,

16.1 We deliver to all the islands of the Azores.

16.2 With collection in the store in Povoação, there is no cost of shipping.

  1. Only orders delivered in the Autonomous Region of the Azores shall be accepted.
  1. After entering your personal data, also confirm the intention to place the ORDER.
  1. Once confirmed, the ORDER will be processed and cannot be cancelled, except for the right of withdrawal under points 30 to 33.
  1. Your ORDER will not be accepted and the contract is not concluded until you receive, by e-mail, the confirmation of acceptance of the order and make the payment thereof.
  1. Payment shall be made upon confirmation of the ORDER.
  1. Accepted payment methods are: ATM, MB Way or Bank Transfer;

DELIVERY

  1. The ORDER will be delivered by courier (ctt, forwarder, Ems or other service).
  1. The shipping period shall, in principle, be up to 48 hours on working days, from the date of receipt and confirmation of payment of the ORDER by our company, unless stock breaks, in which an alternative shipping period will be proposed, with the exception of customized products, that may take longer for your customization.
  1. If no one is at the address indicated, the ORDER will be at the ctt station or freight forwarder in the area of the aforementioned address, for 3 working days, and after that period will be returned to the company. After this period, the items will return to Simonde, LDA and later the customer will be contacted and will be scheduled new delivery, which is paid by the customer.

SURETY

  1. If you experience difficulties in installing/using a product, first make sure that you are following all the instructions in the manufacturer’s instruction manuals. If the problem persists contact the manufacturer or our company directly.

26.1 We do our best to have your product exchanged as quickly as possible, but the resolution time does not depend on us alone. All products that enter our facilities are tested and shipped within 48 hours. Thereafter it becomes the responsibility of manufacturers and suppliers.

26.2 In the case of discontinued products, the exchange may be made for an equivalent or higher product currently in commercialization, but this exchange is the responsibility of the supplier or manufacturer, if it is not possible, the value may be returned.

Termination of contract and returns

  1. The USER has the right to cancel the purchase if he does not receive his product within a maximum period of 30 days and the postage is the responsibility of the customer.

28.The USER may freely terminate the contract concluded and carried out on the SITE, pursuant to article 10 of Decree-Law 24/2014 of February 14, and the USER is responsible for the costs or postage of the return. To do so, the User must within 14 days from the date of receipt, to the address Avenida Padre João de Medeiros nº 2, Vila da Povoação, Ilha De São Miguel exercising such right by sending a registered letter with acknowledgment of receipt.

  1. In case of contractual termination, the customer has a maximum period of 30 days, from the date of receipt of the order, to return to the company for the address listed in the previous requirement and above, the product (s) acquired (s) with all its accessories and with (s) their packaging(s), in excellent condition, without risks or marks of use and the operating instructions together with the copy of the sales invoice and the document proving receipt of the order and as specified:

a)- Books strictly in original condition, without signs of use, folds, marks, torn, creased, written sheets;

b) – Films, TV and Music: CD, DVD, Vinyl, etc. with unopened packaging and seals intact;

c) – software and video games with unopened packaging and with intact seals;

d) – Electronics (TV, Audio, Video, Computer, GPS, etc.) with products without signs of misuse. return of the complete product, with all its components and accessories, instruction manual and original packaging in perfect condition;

e) – Clothing, shoes and accessories in their original condition and with all packaging and labels;

f)- Other products without signs of misuse. return the complete product, with all its components and accessories, instruction manual and original packaging in perfect condition;

  1. After receiving the returned order and all the documents referred to in the previous point, the company will reimburse, preferably by the same method of payment if possible, within a maximum of 14 days, the amounts paid by the customer, without any expenses for it, except for return or postage costs.
  1. Disputes relating to consumption

The European Union has set up a website to support consumers in submitting their complaints about any dispute in which they are involved. In this context, Silmonde, LDA provides all the information so that you can exercise your right to complain to an official, third party and impartial entity to the process. Thus, if you are dissatisfied with the purchase of a good or service on our website, or with the solution presented by us to resolve the situation, you can access this official https://ec.europa.eu/consumers/odr website and state your objection.

  1. All electronic messages sent during access to the online shop, including emails and messages via an internet browser, shall be considered, for the purposes of applicable law, as contractual statements.
  1. Alternative dispute resolution is the possibility for all consumers to have recourse to official bodies to assist them in resolving, or directing, a dispute before initiating litigation in the courts. As a general rule, the procedure is as follows: the customer asks an impartial third party to intervene as an intermediary between themselves and the trader, who is the target of his complaint. The intermediary may suggest a solution to your complaint, impose a solution on both parties, or bring the parties together to find a solution.

You may know the concept of alternative dispute resolution by another name: ‘mediation’, ‘conciliation’, ‘arbitration’ or ‘competent committee in consumer disputes’.

Alternative dispute resolution is usually less expensive, less formal and faster than the judicial process.

  1. Suggestions from alternative dispute resolution entities:

Cniacc – National Center for Information and Arbitration of Consumer Conflicts

Lisbon Consumer Conflict Arbitration Center

Vale do Ave Consumer Dispute Arbitration Center/ Arbitration Court

Ciab – Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court)

Cicap – Tribunal Arbitral de Consumo

 

Final provisions

  1. All electronic messages sent during access to the online shop, including emails and messages via an internet browser, shall be considered, for the purposes of applicable law, as contractual statements.
  2. Silmonde, Lda may send the customer information about new products, promotions or other of interest to customers of the online store, if the customer has subscribed to the newsletter.
  3. For any comments or questions, please contact our customer support line at 296 559 848 or the email geral@silmonde.pt.