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GENERAL CONDITIONS OF SALE


1.    OBJECT AND SCOPE

THESE GENERAL CONDITIONS GOVERN THE SALE, REGISTRATION, ORDER, AND ACCESS TO THE BYFLY PRODUCT OFFERED BY ANTÓNIO ROSA - CERÂMICAS, LDA., COMPANY NUMBER 501 871 683, REGISTERED IN THE COMPANY REGISTRY OFFICE OF ALCOBAÇA UNDER THE SAME NUMBER, WITH REGISTERED OFFICED AT ALTO VARATOJO PARISH OF MAIORGA, MUNICIPALITY OF ALCOBAÇA WEBSITE PAGE WWW.BYFLY.PT, AND APPLY TO ALL THE SALES CONTRACTS INVOLVING FLYBY PRODUCTS  ENTERED INTO BY ANTÓNIO ROSA - CERÂMICAS, LDA AND ANY USER WHO ORDERS THROUGH SAID INTERNET WEBSITE (WWW.BYFLY.PT).

2.    USING THE SERVICE

1.    THE CLIENT AGREES TO USE THIS SERVICE IN COMPLIANCE WITH THE APPLICABLE LAWS AND REGULATIONS IN FORCE, AND WITH THE TERMS AND CONDITIONS STATED HEREIN;
2.    ANTÓNIO ROSA - CERÂMICAS, LDA., MAY, AT ANY GIVEN TIME CHANGE, WHOLLY OR IN PART, THESE TERMS AND CONDITIONS;
3.    THE CLIENT WILL NOT CHANGE THE SERVICE CONTENTS OR SEND MESSAGES CONTAINING COMPUTER VIRUSES OR LIKELY TO CAUSE ANY OTHER DAMAGES;
4.    THE ONLINE STORE CUSTOMERS ARE CONSIDERED FINAL CONSUMERS AND, AS SUCH, ARE SUBJECT TO VAT;
5.    THIS ONLINE SALES PROCESS IS SUBJECT TO COMPLIANCE WITH THE RULES DEFINED BY LAW NO. 25/2008 OF 5 JUNE, ON THE PREVENTION AND SUPPRESSION OF MONEY LAUNDERING BENEFITS OF ILICIT ORIGIN AND FINANCING OF TERRORISM.

3.    BYFLY PRODUCTS

1.    THE BYFLY PRODUCTS IDENTIFIED IN THE CATALOGUES MAY BE PURCHASED IN THE ONLINE STORE;
2.    IF THE ONLINE STORE DOES NOT HAVE A PRODUCT, THIS DOES NOT MEAN THAT IT IS NOT AVAILABLE; IT MAY HAVE SIMPLY RUN OUT OF STOCK. IN THIS CASE, THE CLIENT WILL BE NOTIFIED OF THE SHIPPING DATE. IF THE CLIENT DOES NOT COMMENT ON THE NEW DELIVERY DATE, THIS DATE SHALL BE CONSIDERED TO HAVE BEEN ACCEPTED.
3.    THE INFORMATION ABOUT THE BASIC CHARACTERISTICS OF THE BYFLY PRODUCTS CAN BE FOUND AT WWW.BYFLY.PT
4.    ANTÓNIO ROSA - CERÂMICAS, LDA. RESERVES THE RIGHT TO CHANGE, AT ANY GIVEN TIME, THE INFORMATION, THE AVAILABILITY OF BYFLY PRODUCTS, PRICES, PROMOTIONS AND SALES TERMS AVAILABLE IN WWW.BYFLY.PT

4.    PRICES

1.    PRICES SHOWN ON THE CATALOGUE INCLUDE VAT AT THE LEGAL RATE IN FORCE AT THE TIME OF PURCHASE;
2.    THE PRICE OF PRODUCTS, VAT, AND POSTAGE FEES ARE ALL PRESENTED BEFORE THE FINAL VALIDATION OF THE PURCHASE ORDER;
3.    ANY OTHER COSTS RESULTING FROM SHIPPING THE PRODUCTS ABROAD, INCLUDING CUSTOMS CLEARANCE COSTS, SHALL BE THE SOLE RESPONSIBILITY OF THE BUYER.

5.   ONLINE SHOPPING REGISTRATION

1.    INDIVIDUAL REGISTRATION IN THE ONLINE STORE MUST BE DONE UNDER “REGISTRATION”;
2.    THIS REGISTRATION PROVIDES FOR EASIER SHOPPING, AS THE CLIENT’S PERSONAL DATA WILL BE SAVED AND IMMEDIATELY RECOGNISED, WITHOUT CLIENT HAVING TO ENTER THE DATA AGAIN;
3.    THE CLIENT IS ENTITLED TO UPDATE ITS DATA ONLINE  WHENEVER A PURCHASE IS MADE IN THE ONLINE STORE;
4.    ACCESS IS RESTRICTED TO EACH USER AND ENSURED THROUGH THE USE OF A LOGIN AND PASSWORD, WHICH SHOULD BE CHANGED WHEN FIRST USED;

6.    ORDER

1.    TO PLACE AN ORDER ONLINE, THE USER MUST FIRST REGISTER BY FILLING IN THE FIELDS IN THE FORM AT WWW.BYFLY.PT
2.    TO ORDER A PRODUCT, THE CLIENT CHOOSE AN ITEM FROM THE PRODUCT CATALOGUE AND PLACE IT IN THE CHOPPING CART;
3.    THE CLIENT CAN CANCEL AN ORDER BY SENDING AN E-MAIL TO INFO@BYFLY.PT WITHIN TWO WORKING DAYS AFTER ANTÓNIO ROSA - CERÂMICAS, LDA. RECEIVES THE ORDER CONFIRMATION;
4.    THE CANCELLATION REQUEST WILL ONLY BE EFFECTIVE IF ACCOMPANIED BY THE ORDER NUMBER AND CLIENT’S NAME;
5.    IF THE CANCELLATION REQUEST IS SUCCESSFUL, THE CLIENT WILL BE NOTIFIED THEREOF BY E-MAIL AND THE CANCELLATION WILL BE PROCESSED WITHOUT ANY COSTS FOR THE USER;
6.    IF THE CLIENT WISHES TO RETURN THE ITEMS ORDERED, ANTÓNIO ROSA - CERÂMICAS, LDA. WILL REFUND THE PURCHASE, BUT WILL NOT BEAR SHIPPING COSTS. THESE COSTS WILL BE THE RESPONSIBILITY OF THE CLIENT;
7.    ANTÓNIO ROSA - CERÂMICAS, LDA WILL BEAR THE COST OF POSTAGE FEES FOR REFUNDS IF THE ITEM IS DEFECTIVE OR IF A SHIPPING ERROR HAS OCCURRED. IN THIS CASE, THE RETURN TO ANTÓNIO ROSA - CERÂMICAS, LDA. MUST TAKE PLACE WITHIN TWO WORKING DAYS AFTER THE CLIENT HAS RECEIVED THE PRODUCT;
8.    AN ORDER SHALL BE DEEMED TO HAVE BEEN SHIPPED FROM THE MOMENT ANTÓNIO ROSA - CERÂMICAS, LDA. DELIVERS IT TO THE CARRIER, WHO WILL BE RESPONSIBGLE FOR DELIVERING IT TO THE USER.

7.    COLOURS

ANTÓNIO ROSA - CERÂMICAS, LDA. SHALL DO EVERYTHING POSSIBLE TO ENSURE THAT THE COLOURS OF PRODUCTS SHOWN ON THE WEBSITE WWW.BYFLY.PT ARE AS ACCURATE AND AUTHENTIC AS POSSIBLE. HOWEVER, AS THE COLOURS OF MONITORS MAY VARY, ANTÓNIO ROSA - CERÂMICAS, LDA. CANNOT GUARANTEE THAT THE COLOURS ARE EXACT.

8.    METHODS OF PAYMENT

1.    PRODUCTS MAY BE PAID THROUGH VARIOUS ELECTRONIC MEANS OF PAYMENT AVAILABLE, THE COSTS OF WHICH SHALL BE BORNE BY THE CLIENTE AND CHARGED TO THE SALES DOCUMENT;
2.    FOR PAYMENTS MADE THROUGH PAYPAL SYSTEM, ANTÓNIO ROSA - CERÂMICAS, LDA. SHALL RESERVE THE ORDERED PRODUCT FOR TWO WORKING DAYS, AFTER WHICH, IF THE PAYMENT HAS NOT BEEN CONFIRMED, THE ORDER MAY BE CANCELLED;
3.    IF THE PURCHASER HAS A " BYFLYDREAMERS CARD", BYFLY CAN DISCOUNT THE GIFT OFFERS IN THE ONLINE STORE;

9.    DELIVERY DATE

1.    IN MAINLAND PORTUGAL ORDERS ARE GENERALLY DELIVERED WITHIN 20 WORKING DAYS AFTER THE VALIDATION OF PAYMENT;
2.    IN THE AUTONOMOUS REGIONS, AND DEPENDING ON THE ISLANDS, 3 TO 8 WORKING DAYS MAY BE ADDED TO THE DELIVERY DATE;
3.    DELIVERIES TO EUROPE AND THE RET OF THE WORLD VARY ACCORDING TO THE DESTINATION AND TRANSPORTATION TIME;
4.    IN SPECIFIC CASES, THE DELIVERY OF ORDERS MAY BE DELAYED IF THE PRODUCT IS OUT OF STOCK.

10.    RETURNS

1.    THE DELIVERY OF PRODUCTS PURCHASED IN THE ONLINE STORE COMPLIES WITH THE RULES APPLICABLE IN PORTUGAL CONCERNING DISTANCE TRADING (DECREE LAW NO 82/2008, OF 20 MAY);
2.    THE CLIENT/USER HAS THE RIGHT TO CLAIM ANY DEFECT OR INACCURACY OF THE PRODUCT WHICH WAS ORDERED WITHIN THE LEGAL TIME LIMITS SET FOR THIS PURPOSE.

11.    PRIVACY AND SECURITY POLICY

1.    ANTÓNIO ROSA - CERÂMICAS, LDA. COLLECTS THE CLIENT’S PERSONAL DATA FOR MANAGING ITS ACCOUNT, FOR BILLING AND INFORMATION PURPOSES, FOLLOWING EXPRESS AUTHORISATION TO THAT END, AND AGREES TO KEEP ALL INFORMATION PRIVATE AND SECURE WHEN PROCESSING AND MAINTAINING THE PERSONAL DATA OF EACH CLIENT, UNDER LAW NO. 67/98, OF 26 OCTOBER;
2.    THE PAYMENT PROCESS, FROM CHOOSING THE PAYMENT METHOD TO TYPING THE INFORMATION ON THE ORDER PAYMENT PROCESS IS PROTECTED WITH APPROPRIATE ELECTRONIC SECURITY TOOLS.

13.    APPLICABLE COURT AND COMPETENT COURT

1.    THE LAW OF THE PORTUGUESE REPUBLIC SHALL APPLY TO THIS CONTRACT;
2.    ALL DISPUTES ARISING IN RESPECT OF OR FROM THIS CONTRACT SHALL BE SUBJECT TO THE COMPETENT COURT OF ALCOBAÇA, WAIVING THE RIGHTS TO ANY OTHER COURT.