TERMS AND CONDITIONS
I) OWNERSHIP OF THE TIMESTEEL ONLINE STORE
The TIMESTEEL Online Store, hereby referred to as “store”, is an electronic commerce portal hosted on the website www.timesteel.pt, hereby referred to as “website”, which, in addition to providing information on a set of products, allows, by electronic means, the ordering of these products, in accordance to the Terms and Conditions described here.
The website, registered under the “.PT Domains/Subdomains Registration Regulation”, is owned by TIMESTEEL, sole proprietorship company, hereby referred to as “TIMESTEEL”, with headquarters at Rua de Mendalho 194, 4435-334, Gondomar, Portugal.
II) CUSTOMER SUPPORT
For further information or clarification of any questions, namely those related to the website and/or these Terms and Conditions, you may contact us through the contact form available on the website.
III) OBJECT AND SCOPE OF APPLICATION OF THE TIMESTEEL STORE TERMS AND CONDITIONS
These Terms and Conditions apply to the visitors/users/buyers of the website, as well as any commercial transactions carried out through the virtual store, available on the website.
Navigation on the website, as well as the purchase of any product in the store implies the acceptance of these Terms and Conditions.
TIMESTEEL reserves the right to change these Terms and Conditions, without prior notice, being certain that any changes will always be published in the store. The buyer is subject to the Terms and Conditions in force on the date of their order.
TIMESTEEL reserves the right not to process any order received from users that do not agree with these Terms and Conditions.
IV) INFORMATION ABOUT THE TIMESTEEL STORE CONTENTS AND PRODUCTS
The website is intended for private use only, so reproduction, transfer, distribution or storage of the contents of the store without prior written authorization is prohibited for any purpose other than strictly personal use.
It is expressly prohibited to introduce links to the website, regardless of the intended purpose, without prior authorization from TIMESTEEL, as well as the use of the domain timesteel.pt for abusive purposes, which will be subject to legal recourse on the part of the company. In the event that you find links that allow you to access the website in other sites or references to the store, we inform that TIMESTEEL does not hold any responsibility for the links or pages, nor for its contents.
The products that can be purchased in the store are available in a virtual storefront, being possible to visualize one or more images and a brief description of each product.
The photographs (images) shown on the website are merely illustrative, so we recommend that you refer to the product description for better information about its features.
TIMESTEEL is not responsible, directly or indirectly, for any information, content, affirmations or expressions that appear in the texts of products sold in the store. The descriptions of third party products are the sole responsibility of the editors, manufacturers and distributors of said products.
The prices of products with the same characteristics may vary only due to their different suppliers. TIMESTEEL does not trade with chinese or american suppliers. All our products are acquired within the European Union in order to assure the warranties of our customers.
In the event that the information presented does not correspond to the characteristics of the product(s), the buyer is entitled to the rescission of the sales contract according to the applicable legal terms.
TIMESTEEL reserves the right to modify at any time the image, information and commercial offer presented, namely on the products, prices, other conditions of sale and other commercial specifications, being certain that any changes will always be published in the store.
All data registered by TIMESTEEL constitute proof of the set of transactions carried out, being its responsibility to file the electronic document in which the contract is formalized.
V) VISITORS/USERS/BUYERS OBLIGATIONS
The visitor/user/buyer of the website and its store undertakes to respect and comply with these Terms and Conditions, namely observing the following obligations:
1) abstain to introduce, store or disseminate through the website defamatory, obscene, libelous, xenophobic and/or any other content that violates the general principles of law and public order;
2) to safely store and keep their website password confidential, in order to prevent third parties from accessing their account at the store and their personal data;
3) do not use false identities;
4) to provide their correct personal data and addresses so that TIMESTEEL processes the orders properly;
5) refrain from modifying, altering, distributing, decompiling, disassembling, deriving the code, decrypting or copying (including making digital copies) any software or material from the store;
6) refrain from using the store in any way that violates any applicable law or regulation, being illegal or fraudulent, including transmitting or facilitating the sending of any unsolicited or unauthorized advertising or promotion or any other similar application (spam);
7) refrain from consciously transmitting any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful program or similar computer code intended to create adversity to the store.
TIMESTEEL reserves the right to cancel future purchases, block access to the store, cancel the provision of any other services simultaneously provided by TIMESTEEL to the same user, and also not to permit the future access of the user to any services made available, through the elimination of their account, all considering the violation of the above-mentioned obligations as well as of the others contained in these Terms and Conditions.
The user is solely responsible for the veracity of the personal data communicated to TIMESTEEL and undertakes to immediately insert and report any change through their registered account at the website.
TIMESTEEL exempts itself of any responsability for any delay or impossibility of processing the order resulting from error or incomplete data communicated by the user, namely at the time of delivery.
It is expressly forbidden to use the products purchased for the purpose of reselling them.
VI) ONLINE ORDERING AND CONFIRMATION
To place an order in the store, it is necessary for the visitor to have a valid and frequently used email account and to register as user, filling out the online form. Once registered, simply enter in the virtual shopping cart all the products that are to be acquired, following all the steps so that the order it is completed successfully.
Placing an order in the store consists in the following steps:
– Browse the pages of the store and find the product(s) that are to be purchased;
– Add the selected products to the shopping cart using the respective button;
– Complete the purchase, proceeding to checkout through the respective button;
– Fill in all the personal information;
– Select the payment method;
– Proceed with payment, confirming the order;
– Confirm the order through the email sent to the user, who, from this moment on, becomes also registered as a buyer.
As soon as the order is completed, an automatic confirmation email will be sent. We suggest that a backup copy be made for future reference. If the data is not correct, a modification, or even the order cancellation, can be immediately requested.
The user may, if necessary, obtain a new password. To do so, they must enter “My account” and choose the “I forgot my password” option. They will then be prompted to enter the email address with which the account was registered in the store and will receive an email with the appropriate instructions. The password sent can always be changed by accessing the passwords tab within the customer area.
VII) PAYMENT CONDITIONS
We do not accept any payment method other than those mentioned here.
The payment methods available in the store are the following:
– Credit Card. After selecting this method, the user will be directed to the Stripe payment page, in which they will have to fill in the details of the card. After the transaction is completed, the payment is confirmed.
TIMESTEEL only processes an order made by a buyer after confirmation of the respective payment, reason why it cannot guarantee the availability of the articles until the beginning of said processing.
The prices of the products displayed on the website contain the Value Added Tax (VAT), unless otherwise specified.
The competent invoice-receipt relating to the transaction will be issued, which will be sent alongside the order.
VIII) PRODUCT AVAILABILITY
Order fulfillment is subject to product availability. TIMESTEEL tries to ensure that all the items put up for sale in the website are in stock. However, we reserve the right not to accept any orders or cancel orders already confirmed for products that are no longer in stock.
TIMESTEEL only dispatches orders on working days.
In case of unavailability of a product, TIMESTEEL will inform the buyer and may propose the replacement for a product of equivalent quality and price, if any, and in this case, the order will also only proceed after consent given by the buyer.
In case of unavailability of a product, and if not possible to propose to the buyer any product of equivalent quality and price or not having given their consent to change the initially made order, TIMESTEEL will reimburse the price paid by the buyer within 14 (fourteen) days after notice of cancellation.
TIMESTEEL may not validate an order that does not have sufficient guarantee of effective collection, when the order is incomplete or incorrect, or when the ordered products are no longer available. In any of the above cases, TIMESTEEL will inform, via email, the user/buyer that the sale contract was not made and that it did not proceed with the sale, specifying the reasons for such.
IX) SHIPPING, DELIVERY TIME AND COSTS
We can only guarantee the good delivery of an order if the shipping address is correctly provided by the buyer. In their account, the user may add several addresses, for example, delivery and/or invoicing, which clearly allows the order to be delivered to their place of work, residence or even the residence of a third party.
The products ordered in the store will be shipped and delivered on weekdays, Monday through Friday.
Any delay in the dispatch of the products, in view of the estimated dates presented, does not confer the right to compensation. Naturally, the estimated shipping time may vary depending on the destination of the order.
After registering the order and confirming its payment and being all the products in the order available, TIMESTEEL commits itself to ship it, while observing the following delivery times:
– To Portugal, within 5 (five) business days;
– To Europe, within 7 (seven) business days;
– To the rest of the world, within 10 (ten) business days;
Orders sent to countries outside the European Union or with customs and tax policies different from most European Union countries may be subject to taxes, customs duties and fees charged in the country of destination (Import Taxes). The recipient of an international shipment may be subject to import fees at the time the shipment arrives in their country. The recipient can bear additional customs clearance charges. TIMESTEEL does not control these charges nor can it make an estimate. Customs policies vary greatly from country to country so the buyer should contact the local customs office for more information. Where customs clearance procedures are required, there may be a delay in relation to the estimated time of shipment.
As soon as the order is shipped, the buyer will receive an email with the CTT tracking information.
Delivery times are mere estimates and any delays do not entitle buyer to any compensation. However, if the delivery deadline is already exceeded, you can contact us through the contact form available on the website, in order to immediately verify what happened and to respond with the urgency that the subject requires.
A delivery is deemed to be effected or a product is deemed to be delivered with the signature of the delivery receipt at the indicated/agreed upon address.
If applicable, shipping charges associated with the order will be invoiced by order. If more than one item is ordered, shipping charges will be applied only once. However, TIMESTEEL reserves the right to divide the delivery of the order, for example, if a part of the order is delayed or not available. In case we proceed with the division of the order, the buyer will be notified, by email, of our intention. For this purpose, the email address provided by the buyer will be used.
The shipping costs are charged separately to the buyer and broken down when the order is made, being also described in the corresponding invoice and receipt.
At the time of delivery, the buyer must inspect the packaging and the products shipped in order to check for any damages. If the buyer finds that the products are damaged, they must not accept delivery of the order, which must be returned immediately through the return mechanism provided in point XI of these Terms and Conditions.
The order is considered accepted if, after receiving the order, the buyer does not return it according to the terms set forth in these Terms and Conditions.
X) PROMOTIONAL CODES AND PROMOTIONS OR COMMERCIAL CAMPAIGNS
When used according to the established rules, a promotional code entitles the user to a promotion/discount on the purchase of a specific product or a set of products, during the period indicated/associated with the promotional code/promotional campaign.
Promotional codes are personal and non-transferable and can only be used for online purchases made on the website. The sale, exchange or donation of a promotional code is not allowed. The carrier of the promotional code may not upload or make available a promotional code on any site or other public form of offer, donation, sale or exchange. The use of promotional codes for commercial purposes is not allowed.
The use of a promotional code is subject to one use per product and per order. Promotional codes can not be combined with any other promotions or special offers.
Promotional codes can not be redeemed for cash and will not be reissued or refunded.
Without prejudice to any other rights, TIMESTEEL reserves the right to immediately invalidate the promotional code issued if it suspects that a promotional code is being used in violation of the aforementioned terms.
Promotional offers or commercial campaigns disclosed in the store are valid only for the moment they are displayed on the website and according to the conditions established, unless otherwise communicated on the website.
In the event of return or exchange of products purchased in the course of commercial campaigns or promotions, only the amount that was actually spent on the purchase of the product that is intended to be returned or exchanged will be credited.
XI) ORDER CANCELLATION, RETURN AND EXCHANGE
TIMESTEEL reserves the right to refuse any order, regardless of the reason and free of responsibility for any damages or costs, as well as reserves the right to cancel any purchase even if it has already been accepted or confirmed by the company, namely in the following situations:
1) the information contained in the invoice is not correct or verifiable;
2) the order is flagged by the website security systems as an incorrect, irregular order, or an order that is susceptible to fraud;
3) when the transfer of the payment for the order has not been received within a period of 2 business days following acceptance of the order or failure to comply with the other payment conditions referred to in point VII of these Terms and Conditions;
4) when it is not possible to deliver the order at the address provided by the buyer;
5) when there is a programming error and/or malfunction of the company’s computers;
6) when the contractual proposal arrives deformed to its destination and the error relates to an essential element of the contract;
7) if it considers that the buyer did not have the capacity to perform that act;
8) if it is found that there was an error in the presentation of the price of the product(s);
9) if the order is presumed to come from a reseller.
Prior to shipment, the buyer may cancel the product order. If the buyer makes an order and wants to cancel it, they must contact our customer support and ask for the cancellation of the order (indicating its reference). If the cancellation request is successful, the buyer will be notified by email of this decision and the cancellation will be processed at no cost to them.
If the cancellation is not possible due to the order being already dispatched, the products will be sent to the buyer who, if they maintain their intention to cancel the order, shall refuse to receive it (right of free resolution – see next paragraph). Upon confirmation of the return and receipt of the order at TIMESTEEL, the respective refund will be processed.
That said, orders can be canceled by the buyer at any time until delivery, with the right of being reimbursed of all amounts paid. Upon receipt of the order, the buyer may exercise their right of free resolution under the terms legally established and indicated below, namely, Decree-Law no. 24/2014, of February 14.
Thus, the buyer may terminate the contract, even without any cause and without being required any compensation, within a period of 14 (fourteen) days from the date on which the buyer, or a third party indicated by them, that is not the delivery company, acquire the physical possession of the good (or the last good when several goods are ordered in a single order and these are delivered separately). The buyer must return the goods to TIMESTEEL in proper conditions.
In order to exercise their right of free resolution, the buyer must notify customer support of their contract resolution decision by means of an unequivocal declaration, such as a letter sent by email.
It is extremely important to point out that there are companies responsible for the supply of certain products in which there is no right of free resolution within this period, so the buyer must always contact customer support in order to initiate (or not) the return process.
The return costs will not be borne by the buyer, in case the product does not comply with the specifications at the time of sale or unless expressly stated otherwise by our customer support service and in compliance with the terms of Decree-Law N 24/2014, of 14 February.
TIMESTEEL offers to collect the products through the carrier that provides the competent services and to the address indicated by our services for the purpose.
TIMESTEEL retains the refund until the returned goods are received.
The refund will be in refund code/voucher or by the original payment method used by the buyer, according to their will.
TIMESTEEL reserves the right not to accept the products that do not comply with the described conditions, nor the applicable legal ones.
If it is found that the returned article has signs of wear due to incorrect or excessive manipulation, TIMESTEEL will not accept the return and, in case of acceptance, a percentage will always be discounted to the value of the product, not being refunded the total amount indicated on the order invoice-receipt.
If the buyer wishes to proceed with the exchange of products, they should contact the store customer service, which will provide them with all the instructions on the exchange process. In no case shall the buyer send to TIMESTEEL the products without having made prior contact under the risk of the products not being received.
All the items will be verified upon arrival at TIMESTEEL and only those who respect the return conditions will be accepted for exchange.
In the return and exchange of articles, the buyer must, therefore, respect the following conditions:
1) the term to exercise their right, which is 14 (fourteen) days from the day on which the buyer, or a third party for them indicated, other than the carrier, acquires the physical possession of the good (or the last good when several goods are ordered in a single order and these are delivered separately);
2) the items must be in perfect condition;
3) the items must be placed in their original packaging, which must be complete (box, instruction manual, warranty certificate and accessories);
4) the items must contain all the components that constitute them;
5) the items must be accompanied by the proof of purchase, that is, by the respective invoice, plus the original return form, duly completed, in addition to other documents deemed necessary or convenient.
We do not accept exchanges or returns of articles after they have been used or if they have been ordered according to buyer’s specifications or manifestly personalized.
XII) PRODUCT WARRANTY AND POST-SALE ASSISTANCE
All the products available in the store are duly certified by the competent international entities and have a warranty period defined by the manufacturer, which in the legal terms is at least 2 (two) years, without dispensing with the period in the warranty certificate that accompanies the product(s). The warranty period is generally considered from the date of delivery of the product and can only be exercised upon presentation of the certificate of guarantee and/or proof of purchase and sale (invoice-receipt) duly completed.
Thus, the warranty of the products sold in the store is established exclusively by the respective manufacturers, under the conditions of handling, correct use, conservation and within the periods specified in the warranty certificates that accompany all of them.
In the event of any defect in the manufacture or operation of the products purchased through the store, the manufacturer has sole responsibility for them.
TIMESTEEL will establish the necessary contacts and carry out the essential steps with the manufacturer or distributor company. In this regard, the buyer should contact the customer support service available on the store to initiate the warranty management procedures.
Upon receipt of the product at TIMESTEEL and its subsequent technical verification with the relevant entity, and, in the event of any lack of conformity, the product will be replaced. In this case, TIMESTEEL will proceed to the substitution of the article and will resend it to the buyer’s address.
The costs of returning or collecting items within the warranty period will be borne by TIMESTEEL.
If the technical verification detects signs of misuse, and/or any problem that may have caused the malfunction of the item (eg: fall, humidity, etc.), the buyer will be contacted to indicate whether they intend to repair the equipment. In this case, the repair will only be initiated after the buyer has expressly accepted the budget, being sure that the item will be referred to the technical assistance of the relevant entity/brand and that the buyer will also be responsible for the costs with the return or collection of the article.
The warranty will not be valid when the products are defective due to abnormal wear.
Manufacturers may offer additional terms, which is known as commercial warranty, the length and duration of which differ according to the products and brands. Said warranties will be the exclusive responsibility of the manufacturer that binds itself to them.
In the case of goods beyond the warranty period, the buyer may still want to repair them, so that it can inform and send the items to the customer service available on the store. The items will be analyzed in accordance with the technical assistance of the relevant entity/brand, who will issue a technical opinion and respective repair budget. The repair will only be initiated after the buyer expressly accepts the budget, which will also be responsible for the costs of returning or collecting the article.
XIII) RESPONSIBILITY AND SECURITY
All the products commercialized by TIMESTEEL are in compliance with the European legislation.
The user expressly acknowledges and accepts that TIMESTEEL uses a public electronic communications network that can be used by several users, and subject to computer overload, and therefore does not guarantee the provision of the service without interruption, loss of information or delays, although it undertakes to normalize its operation as soon as possible.
TIMESTEEL does not in any way ensure that the service is provided in an uninterrupted, safe and error-free manner or operates in an infinite manner and, as such, that the quality of any product, service, information or any other material acquired or obtained through the store fulfills any expectations of the buyer in relation to it.
TIMESTEEL shall not be liable in any way for the damages or consequential damages of the breach or defective performance of the service when it is not directly or indirectly attributable to it as a result of gross negligence, and is not responsible in particular for:
1) errors, omissions or other inaccuracies regarding the information made available through the service;
2) delays, interruptions, errors and suspensions of communications arising from factors beyond its control, namely any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, the modems, the software connection or any computer viruses or arising from the downloading of infected files through the service or containing viruses or other properties that may affect the user’s equipment;
3) damages attributable to the user or third parties’ fault, covering the infringements of intellectual property;
4) for non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities;
5) for non-compliance or defective compliance resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unforeseeable nature, external to TIMESTEEL that can not be controlled by the company, such as fire, power outages, explosions, wars, riots, civil unrest, government decisions, strikes, earthquakes, floods or other natural disasters or other situations not controllable by the company that prevent or impair the fulfillment of the obligations assumed.
The queries of data and information made within the scope of this service are presumed to be made by the user, with TIMESTEEL declining any liability arising from the misuse or fraudulent use of the information obtained.
It is expressly forbidden to introduce hyperlinks to this site, regardless of the intended purpose, without the prior authorization of TIMESTEEL. In the event that there are hyperlinks on other sites that allow access to the store, TIMESTEEL clarifies that it has no responsibility whatsoever for the origin of the page or the contents inscribed therein.
XIV) INTELLECTUAL AND INDUSTRIAL PROPERTY
All texts, comments, logos, trademarks, software, illustrations, works and images reproduced or represented in the store are protected by intellectual property rights. Accordingly, its use is only authorized for private purposes, subject to contrary provisions including more restrictive provisions contained in the copyright and related rights code and other applicable legislation. Any reproduction or total or partial representation of the website, in whole or in part, or of the elements included in the same is strictly prohibited and will lead to the immediate cancellation of the user registration in the store and, appeal, by TIMESTEEL, to the judicial means.
The user undertakes to fully respect these rights, as well as to refrain from any acts that may violate the law, such as the reproduction, commercialization, transmission or making available to the public of such content or any other unauthorized acts that have as their object the same contents.
The user acknowledges that all content appearing in the advertising, highlights, promotion or mention of any sponsor or advertiser is protected by the copyright and related rights acts, the industrial property laws and other property protection laws, so that any use of such content may only occur under a prior written authorization granted by the respective holders.
XV) PRIVACY AND PERSONAL DATA PROTECTION
TIMESTEEL is committed to protect the privacy of the users of the store and only collects personal data that is voluntarily provided. The data collected through its website is intended for the processing of orders placed and communication between TIMESTEEL and the users, as well as for billing, processing requests for information and eventual complaints, statistical analysis and also their use for the purposes of direct marketing.
Personal information will only be communicated to third parties when it is necessary to process an order.
By registering at the store, the user expressly authorizes TIMESTEEL to treat their personal data for the above purposes and send information about products and services that may be of interest to them, using their personal data for the purpose of direct marketing through any communication channel, namely through the use of electronic mail, SMS, MMS or other forms of automatic calling.
In compliance with the applicable legislation, we inform that the treatment of the personal data collected at the store is the responsibility of TIMESTEEL and that, as such, ensures the confidentiality of all data provided by its users .
Personal data may be disclosed to third parties that provide specific services, such as external entities contracted by TIMESTEEL, being certain that any disclosure will be made without exceeding the purpose for which that data was collected and subsequently processed, so that personal data will not be disclosed to third parties without the user being informed or without their consent, when this is required by law, except in the cases referred to herein or under the terms legally set forth.
Although TIMESTEEL collects and processes data in a secure manner, using the most recommended techniques for this purpose, the user acknowledges that the collection in open network may allow the circulation of personal data without security conditions, at the risk of being seen and used by unauthorized third parties.
In accordance with the applicable legislation, the user has the right of access, rectification and elimination of their personal data, and may also oppose the use of their personal data for the purposes of commercial prospecting. If the user wishes to exercise the above rights at any time, it may do so, without costs in addition to communication costs, through the customer service available at the store.
XVI) SUSPENSION AND DEACTIVATION OF THE STORE
The user acknowledges to TIMESTEEL the right at any time, in its sole discretion, to discontinue or suspend the provision of the store and/or part of the service to one or all of the users, regardless of any prior or subsequent communication.
The suspension or termination of service by TIMESTEEL, in the terms described, does not give the right to the user or any third parties to any compensation and TIMESTEEL can not be held responsible in any way for any consequence resulting from the suspension or cancellation of the service.
TIMESTEEL will communicate to the user, in advance, in the situations described above, so that they may, if needed, save the content of their order vizualization area, within three (3) business days from the sending of the email or making the notice available on the main service page.
Without prejudice to other forms of communication set forth in these Terms and Conditions, notifications made to the user that relate to the store will be made to the user’s email address, by SMS, by contact telephone or by letter.
The user agrees to receive any and all communication and/or notification related to the store at the address, telephone number or email address indicated in the order process.
XVIII) APPLICABLE LEGISLATION
All emerging litigation that relates to these Terms and Conditions, including its validity, use of the site or any purchase, shall be governed by the Portuguese law.
In the event of a dispute regarding the interpretation or execution of these Terms and Conditions, TIMESTEEL and the user shall endeavor to obtain a friendly solution, which is fair and adequate, within 90 (ninety) days counted from the receipt of the communication addressed to that effect.
In the case of consumer disputes, the consumer may use the European Online Dispute Resolution Platform available at ec.europa.eu/consumers/odr/main/index.cfm?events=main.home.chooseLanguage. To know the alternative dispute resolution entities registered consult the consumer portal at www.consumidor.pt.
In the absence of an amicable solution, in the terms of the previous paragraph, and in case of non-compliance with these Terms and Conditions, both parties establish as competent jurisdiction the Judicial Court of Maia, expressly waiving any other.