3. Transport, Delivery and Assembly Services
4. Deadlines for Delivery and Execution of Ancillary Services
6. Payment Terms
8. Reservation of Ownership
10. Governing Law and Competent Jurisdiction
11. Personal Data
These general conditions for the sale of goods and the provision of ancillary services associated with it, are intended to regulate all sales of products and services provided by the Grupo MAIA ®, MAIA & MAIA – INDUSTRIA DE ESCOVAS E SIMILARES, LDA., in Portugal, intended for legal or natural persons who intend to use the products in a professional or commercial activity. Any order placed with the MAIA ® Group necessarily implies the acceptance, without reservations, by the Customer, of the general conditions of sale, contained in the MAIA ® Group catalogs (paper and electronic), in force on the date of the respective order, whose content , by the same, declares to have previous knowledge. No clause that contradicts these conditions may be opposed to Grupo MAIA ®, unless Grupo MAIA ® has formally accepted it in writing. These general conditions of sale apply only to orders to be invoiced to entities based in Portuguese territory. The purchase and sale contracts will be concluded on the date of receipt by the buyer of the order confirmation by the MAIA ® Group. Whenever the products are ordered on behalf of someone else, the natural person who places the respective order is jointly and severally liable with the beneficiary thereof, until its effective and full payment to the MAIA ® Group. Orders for delivery to PO Boxes or consignment are not accepted. MAIA ® Group reserves the right to modify these general conditions of sale of products and provision of services at any time.
The products offered for sale are those that appear in the MAIA ® Group catalogs (paper and electronic), which reserves, from now on, the right to change, at any time, the range of its products, which are limited to the existing stock. . The technical specifications of the products are those mentioned in the MAIA ® Group catalogs (paper and electronic), except for errors in the printing of text or photographs. The MAIA ® Group makes every effort to ensure that the information presented is free from typographical errors and, whenever these occur and are detected, it will correct them as soon as possible. The MAIA ® Group cannot be held responsible in the event of errors in the values and/or characteristics of the products, when these arise from technical problems beyond its control.
3. TRANSPORTATION, DELIVERY AND ASSEMBLY SERVICES ASSOCIATED WITH THE SALE OF PRODUCTS
The MAIA ® Group undertakes to deliver the products to the location indicated by the Customer, provided that its facilities are located at ground level, and in mainland Portugal, unless expressly agreed by the MAIA ® Group. If the location indicated by the Customer does not respect these conditions, the MAIA ® Group may, upon request, and as an ancillary service, deliver the order at the respective location, the additional costs of which arising therefrom, previously communicated and accepted by the Customer , will be charged to you. In the event the Customer fails to show that the place of unloading does not comply with the above conditions or that the offer of the accessory delivery service is not accepted, the risk of the goods is borne by the Customer, provided they are transported to the address indicated by him. The MAIA ® Group does not undertake the assembly or installation of the products supplied by it, unless expressly requested by the customer to that effect, in which case, the MAIA ® Group will present a quotation with the respective costs inherent to these operations. Notwithstanding other provisions set forth herein, the price and other precise conditions of the ancillary services provided by you, will be defined at the time of your request and negotiation with the Client. Supplies to the Autonomous Regions of Madeira and the Azores require prior agreement on special transport conditions. Upon delivery, the Customer, in the presence of the carrier, must verify the good condition of the delivered products and check the number of packages received with the one contained in the transport bill. If the packages show signs of damage or violation, the Customer, in the presence of the carrier, must open them, check the status of their contents and record such facts in the transport bill, and if possible, take photographs, having them give knowledge to the MAIA ® Group, in writing, within a maximum period of 72 hours, under penalty of not accepting any claims on that basis. The procedure referred to above is also applicable to non-conformity regarding the provision of ancillary services for sale that, eventually, has been agreed for the effectuation of the delivery.
4. DELIVERY AND EXECUTION TERMS OF ACCESSORY INSTALLMENTS
When confirming the order, the MAIA ® Group will communicate, in writing, the delivery period for the orders, with the products being shipped from the warehouse within 5 (five) working days, counting from the confirmation of the order , or, as the case may be, the respective payment, except stock breakage, change of technical specifications, case of force majeure, or any other exceptional circumstances. Whenever the MAIA ® Group cannot send the ordered products, due to the aforementioned facts, it undertakes to inform the author of the order of such impossibility, being able to present alternative products, that is, with the same characteristics. The MAIA ® Group does not guarantee the effective delivery period of the ordered products, so the delays that occur between dispatch and reception do not entitle the Customer to cancel the order or demand any compensation, for whatever reason. in these cases, the MAIA ® Group must inform the Client of the reasons for the delay. It is expressly understood that the deadlines communicated by the MAIA ® Group are merely indicative, so that their non-compliance, under no circumstances, may constitute a charge or responsibility of the MAIA ® Group. If there is a period of more than 30 working days between the confirmation of the order and the expected or effective delivery period, the Customer may cancel, in whole or in part, the order, provided that it is done in writing, and Grupo MAIA ® confirms the reception of such communication. For products supplied by the measure indicated by the Customer, which involve manufacturing or transformation, the cancellation of the placed order is not allowed, unless the MAIA ® Group confirms that the preparation of the part/product has not yet been completed. The MAIA ® Group is allowed to partially deliver the orders, namely, when it does not have products in stock.
The prices contained in the MAIA ® Group catalogs (paper and electronic) are fixed in Euros, excluding VAT, with transport to the mainland and packaging included. In case of express delivery requested by the Customer, the respective cost will be borne by the Customer. The packages will have no return value. The prices of products not included in this catalog will be established by mutual agreement between the parties, with the purchaser expressing it in writing. The purchase prices are the prices in force at the time of the order, to be confirmed upon acceptance of the respective order for the products, deducted, where applicable, by the applicable bonuses, plus the respective value of VAT at the legal rate in force at that time. , except text or photograph printing errors. If, for economic reasons, namely, in the event of an increase in the price of raw materials, some prices change before the end of the catalog period, the Customer will be informed of this change at the time of ordering and the respective confirmation. The price of ancillary services is defined in the terms mentioned in article 3 of these Conditions.
6. PAYMENT TERMS
The first commercial transactions entered into with the MAIA ® Group, with a value equal to or less than €120.00 (one hundred and twenty euros), excluding VAT, will be carried out within a maximum period of 5 (five) days, after confirmation of the order by Manutan, by bank transfer to the bank account to be designated or by bank check to be sent to the headquarters of the MAIA ® Group. In other cases, payment of invoices must be made within 30 (thirty) days after the last day of the month in which they are issued, unless credit is not accepted or other payment terms, previously and formally accepted by the MAIA ® Group. Payment can be made by bank check, sent to the headquarters of the MAIA ® Group contained in these catalogs (paper and electronic), or by bank transfer, to the account indicated. Failure to comply with the payment deadlines for an invoice makes the other invoices immediately payable and suspends any credit granting. The MAIA ® Group is also authorized, in these circumstances, to cancel other orders already placed. The Customer must also, in case of default, bear the expenses and charges arising from the judicial collection of the debt. Customers who are in arrears regarding the payment of any invoice, are subject to payment of default interest calculated at the legal rate for commercial operations, plus 5% per year. In the event of non-payment of the price, under the agreed conditions, the Client shall bear all legal and extrajudicial expenses, in particular the fees of its legal representatives, related to the filing of the competent legal actions, which are fixed at the percentage 25% of the outstanding price. In the event of partial payments of amounts in arrears, the amounts delivered will be imputed firstly to collection costs, then to late payment interest and finally to the outstanding principal. Under no circumstances may the Client refuse Grupo MAIA ® to pay for the goods and services provided, or make any reduction or compensation, without its prior written authorization.
After the delivery of the ordered products, the Customer has a period of 30 (thirty) days to file a complaint of any non-conformity with it and/or send a written request for their return to the MAIA ® Group. Product returns or exchanges will only be accepted, provided that the products to be returned are in the exact condition in which they were received, that is, in perfect condition, together with all its accessories and related documentation and in original and unaltered packaging . Failure to comply with the above conditions implies refusal to accept the return. In products supplied by the measure indicated by the Customer, which involve manufacturing or transformation, their return or exchange is not allowed, unless proven non-conformity between the supplied product and the ordered product. The organization of the transport of goods to be returned or exchanged belongs to the MAIA ® Group, and the cost of the same is borne by the latter, depending on whether the reasons for the return are due to no, non-conformities or defects found in the products supplied.
8. PROPERTY RESERVE
The MAIA ® Group retains ownership of all the goods supplied until full payment of the price for them and the corresponding ancillary services. Therefore, the transfer of ownership of the goods sold by the MAIA ® Group only takes place on the date on which the buyer has paid in full the respective prices. Until that moment, the Customer is prevented from reselling the referred goods, running any and all risks on his person. If the obligation to pay in arrears is found, the MAIA ® Group is entitled to the return of the goods supplied, at the expense of the defaulting Customer, provided that, for this purpose, he/she expresses, by registered letter with acknowledgment of receipt, the intention to exercise their right.
The products covered by the MAIA ® Group catalogues benefit from a warranty against malfunctions of 36 (thirty-six) months, counting from the date of issue of the respective invoice. The warranty covers the repair of the product (parts and services included). After more than 30 (thirty) days from the date of delivery of the product, the cost of packaging and transporting the defective product, between the Customer and the MAIA ® Group and vice-versa, is the responsibility of the Customer. In order for the warranty to operate, the Customer must notify Grupo MAIA ® of the defect, by means of a registered letter with acknowledgment of receipt, to return the product, accompanied by a copy of the respective invoice, and Grupo MAIA ® or the manufacturer the defect reported. The warranty will be excluded in the following cases: a) Product with limited time of use or consumption, namely, presence of expiration date, or specifics of the product (as is the case of batteries, whose warranty may vary according to the manufacturer, generally limited to 6 months and must be confirmed upon delivery of the product by Grupo MAIA ®); b) Abnormal, inappropriate use, or use that does not comply with the technical specifications of the product, negligence of the Customer in the installation, storage or maintenance of the product; c) Normal wear and tear, namely with regard to consumable parts; d) Transformation or incorporation of the product or incompatibility with other materials.
For the purposes of summons or judicial or extrajudicial notification of the Customer, he accepts that the address indicated by him in the order, constitutes an agreed domicile.
11. APPLICABLE LAW AND COMPETENT JURISDICTION
The purchase and sale contracts entered into between the MAIA ® Group and the Customer are governed by Portuguese law. For the resolution of any dispute arising from the interpretation and execution of the contracts and purchase and sale entered into, the MAIA ® Group may choose the court at its registered office or at the Customer's domicile.
12. PERSONAL DATA
In compliance with the provisions of law No. 67/98 of October 26 (law for the protection of personal data) the holder may at any time exercise the right of access, rectification, cancellation of their data, for which this information must be sent:
– by email: email@example.com
– by mail: Grupo MAIA ® – MAIA & MAIA – INDUSTRIA DE ESCOVAS E SIMILARES, LDA., Ovar Industrial Zone – Olho Marinho, Travessa do Navega, 326 J (Zone C) – 3885-183 Arada, Ovar – Portugal.
Policy Cookies approved on 1/3/2020
Date of the last update 03/01/2020