Terms and Conditions

Preamble

1. These terms are in agreement of the parties involved, the society SELL BY CLICK − Comércio Electrónico, Unipessoal Lda, based on Rua Rafael Bordalo Pinheiro nº 29 1º Dir, freguesia de Aldoar, Porto, Portugal (Apartado 8023, 4109-601 Porto, Portugal), through the commercial brand Things to Offer (further ahead referred to as Things to Offer) and between anyone that wishes to purchase products using the website www.thingstooffer.com, further ahead referred to as “User”.

2. All parties agree that any shopping done using this website will be regulated exclusively by the current contract with the exception of any conditions already stated in the website.

Article 1 – Object

1. The term’s objective is to state the general conditions of sales, established between Things to Offer and User, as well as the types of orders, payment and delivery conditions for all products purchased using the website www.thingstooffer.com..

2. These terms regulate all the necessary steps for an order to be made and make sure that the transactions agreed take place in accordance with the parties involved.

Article 2 – Orders

1. User can order online by using the buying option “checkout” in the website previously mentioned, after having chosen the option “Add to Cart”:

  • from the online catalog presented in the Things to Offer website;
  • from other websites of strategic business partners with whom Things to Offer may have or will have in the future business partnerships properly identified.

2. In order for the User to perform an order he should:

  • Register in the Things to Offer website, providing the required information, namely name, address, VAT number, etc.;
  • Go through the “Login” process (providing a combination of an email and a password previously chosen during the act of registration).
  • Complete all other information required and choose the desired options available related with the process of checkout (delivery address, type of shipment, type of payment, etc.).

3. The shipment of any order made by the User means that this party accepts fully the list of prices and description of the products available as well as the general conditions for sales and that these conditions will the only ones to be applied in this contract.

4. Things to Offer will honour the online orders just until the point when the stocks allow it. If there is an order for a product unavailable then Things to Offer will have to inform the User and to refund any payments already made related with that item with a maximum deadline of 30 (thirty) days after the date when they were informed about the situation.

5. All the information contained in the bill related with the identification of the User is entirely of this party’s responsibility. After being issued, the bill can’t be altered.

Article 3 – Deliveries

1. All items will be delivered after confirmation of the corresponding payment by the User, in accordance with the price agreed.

2. When an item is referred as “in stock”, the period between the moment when the order is made and the date when the distributer first passes by the corresponding delivery address can depend on the following:

  • Expedition deadline (24 to 48 hours) = payment validation + time to prepare the delivery + time to deliver the item to the distributer;

  • Distributer delivery deadline. The information related with the start of this period after the reception of the email “shipment of product”;

These deadlines correspond to working days, namely from Monday to Friday.

3. In the case of items that need to be produced according with specific instructions given by the User (personalized products), the delivery deadlines are specified in the details of these products.

4. The act of collecting the orders can be made:

  • On the spots PICK ME – your delivery is dealt with priority and you will receive a text message informing you that your order is ready to be picked up in the designated place (please keep your data updated). You then have a maximum of 10 days to pick up your order and just need to have with you the Identity Card or Citizen Card.

  • You can also track your order between the date you order it and the date you receive it. Just access the client’s area.

  • At your house – using the address existing in our data base. If you are not present in the given address, then we will call you in order to arrange for an alternative solution or we will leave a registered note informing about the place where you should go to pick up your order. In this case, please remember to bring this note with you.

  • In another address specifically designated for this effect. If these include hospitals, public institutions or similar places, where there may be restrictions of access to the general public, then Things to Offer doesn’t guarantee that the items are delivered in hand to the client. This party considers the delivery task fulfilled when the item is delivered in the reception of these places and denies any further responsibility in the follow up of the delivery process.

5. With the exception of orders of personalized items, the User has got a period of 30 (thirty) days, counted from the date when the item is received, to return the items:

  • In the case when the product doesn’t match fully the expectations;

  • If there is lack of consistency with the order;

These are cases when the User can return the items and then choose between replacing it by other similar or to end the contract under the legal terms related.

6. In order to follow up the order made, the User can do it directly online in the client’s area.

Article 4 – Prices

1. Prices will always be defined in Euros with IVA applicable on the day of the order, but not including any possible custom duties. If there is any change to the IVA tax then this will be reflected in the final price of the products. After this date, prices may be subject to changes at any moment.

2. The prices and specifications of the products may be subject to changes either in price, reference or types, if there are mistakes in the information provided in the website. When processing your order, any type of wrong price that may be presented in the website due to technical problems will be detected. In these moments, clients that have ordered products under wrong prices will be contacted in order to clear the situation. If the price shown was higher than it should, then the client will be refunded with the missing quantity. If however, the price shown in the website was lower than it should be, then the client can opt between continuing with order under the corrected price or simply cancel it.

3. The prices that are seen during the process of “check-out” always match the most up-to-date ones and it is up to the User to check these, especially when about to formalize the payment.

Article 5 – Payment

1. Things to Offer make available several methods of payment:

  • ATM;

  • Paypal;

  • Credit Card (Visa, MasterCard and American Express)..

2. The information contained in the bill related with personal information provided from the User, is entirely of this party’s responsibility. After being issued, a bill can’t be altered.

Article 6 – Processing Volumes That are Not Delivered Through Our Transporter

1. Volumes not delivered to the User due to::

  • not residing in the mentioned address;

  • not having been claimed;

  • having been rejected;

  • transport malfunction;

  • plundering;

will have the following conclusions:

  • Discards related with «DOESN’T RESIDE IN THE MENTIONED ADDRESS»: these are volumes returned by the transporter company with this phrase.

  • After having received the item previously ordered by the User in our facilities, Things to Offer will contact the User in order to resend the item, given that this product is still available in stock. Otherwise, the objective of the contact will be related with the process of refunding the client. Things to Offer reserves the right to refund the client and not resending the product if there are several cases related with «DOESN’T RESIDE IN THE MENTIONED ADDRESS», except if the User is ready to pay the transportation of the product after the first time this situation has happened.

  • Discards due to «NOT CLAIMED»: These are volumes that were not claimed by the User on the spot of delivery and under the agreed deadlines.

  • After receiving the volume in our facilities, Things to Offer will contact the User in order to resend the item, if it is still available in stock. Otherwise, there will be a refund according with the instructions given by the User. Things to Offer reserves the right to refund the client as an option to resend the product, in the case where there are several cases of the type “Not Claimed”. However, this situation changes if the User accepts to pay the shipment related with the delivery after this situation.

  • Discards due to «Refused»: The client refused the product in the moment of delivery.

After receiving the product in our facilities, there will be a shopping voucher issued in the client’s name, for a period of 72 hours after the reception of the item. User can ask for the cancellation of the voucher and instead ask for the refund directly in the clients’ area.

2. After the discard of a product due to «DOESN’T RESIDE IN THE MENTIONED ADDRESS», «NOT CLAIMED» or «REFUSED», Things to Offer doesn’t guarantee the booking of the ordered items and may proceed directly to refunding the User if the articles are not available in stock.

Article 7 – Guarantees

1. All items can be replaced or refunded, within the period of guarantee, except in one of the following situations:

  • Contracts for items produced under specific instructions of the User, personalized items or items that can deteriorate or extend the validity deadline;

2. The replacement of the items or request for refund should be made within a period of 30 days after the date of delivery.

3. The process of refunding is simple although may vary according with its location. User should contact Things to Offer in advance.

4. Things to Offer doesn’t accept any type of discards where the item is sent back with postal bills to pay or against refunding. There is however the compromise to refund the User, within a maximum period of 15 days after the date of discard.

5. All items returned by the User, must show the same level of preservation as in the moment when they were shipped and later received by the User. In other words, the items must not show anomalies and should be returned inside the same package in which they were packed originally.

6. In the case of a replacement, if the new article costs more than the returned one then User will have to pay the extra part in the moment of the new order.

7. In the case of a request for a refund for an article bought with a low price due to some special offer, Things to Offer will refund the value paid by the User.

8. All items have associated a contractual guarantee as well the legal guarantee.

9. The legal guarantee also concerns matters of problems related with packaging, assembly instructions or installation, as long as the installation is done following all assembly instructions quite thoroughly.

10. All articles shipped for free, under the form of bonus will not be refunded.

Article 8 – Claims

1. If the User wishes to report a complaint about an order, he can choose one of the following options:

  • May send an email to: [email protected];

  • May send a letter addressed to: Sell by Click – Comercio Electrónico, Unipessoal, Lda - Apartado 8023, 4109-601 Porto, Portugal.

Article 9 – Responsibility

1. During all the stages of accessing the website, from the process of ordering an item until the delivery and afterward services, Things to Offer has got the unique obligation of providing the means. Things to Offer refuses any type of responsibility for possible inconveniences caused by situations of internet breakdown, outsider intruding, presence of web virus or any other case that might be classified in a similar way by a court of law.

2. The items for sale are described in the website with the maximum possible accuracy. If however, despite all our care and precautions, there are mistakes in the website or in the catalogs, Things to Offer won’t be responsible for that fact. With the exception of the items that are still inside the guarantee deadline, any other transaction involving Things to Offer and any user that is not contested for a period of 6 months, can’t lead to any type of future claim.

Article 10 – Handling Personal Information

1. User authorizes Things to Offer to manage professionally and with caution, all the personal information provided, especially when it comes to using cookies.

2. User may modify their personal data at any time by accessing My Account.

Article 11 – Newsletter

1. All users can receive in the email that was provided to Things to Offer in the moment of registration, a regular newsletter containing promotions, special offers and other information.

2. User has the possibility to subscribe the newsletter, and he will stay automatically registered after the first online purchase.

33. In order to change the personal information provided or to suspend the sending of the newsletter, users should do it in their registration area and deactivate this option.

4. The Things to Offer newsletter is an exclusive service of the brand Things to Offer.

Article 12 – Intelectual Property

1. All the content of the Things to Offer website is intellectual property and it is properly registered in official institutions for that matter. It can’t be copied nor reproduced except what it is strictly necessary to be read online.

2. The existing content in this website is produced either by internal as external sources and hence Things to Offer doesn’t take responsibility for the lack of updating of that information.

3. All texts, images, illustrations, pictures, brands and other elements of the Things to Offer website are protected by law.

4. If a user has got a website of his own in the internet and wishes to include a link to the website of Things to Offer then he needs to ask permission to this party before doing that.

5. In this case, the request and possible authorization are not enough to constitute an affiliation agreement.

6. It is strictly forbidden to create any type of links redirecting to the Things to Offer website using the framing technique or in-Line linking.

Article 13 – Full Agreement

1. The present general terms constitute the full agreement between the above mentioned parties.

2. If there is a case where one of the clauses from the present agreement is considered null or invalid due to alterations in the law, then this doesn’t affect the validity of the rest of the clauses in the agreement.

Article 14 – Duration

1. The present general terms apply for the full duration of time of the services done by Things to Offer.

Article 15 – Access Denied To The Website And Services Available

In the case where the User doesn’t fulfill all of his contractual obligations mentioned in the general agreement, then Things to Offer reserves itself the right to forbid or ban the User from accessing the website and its associated services.

Article 16 – Evidence

1. The computer records that are stored safely in the digital systems of Things to Offer, can be used as evidence of communications that have been made as well as orders and payments between the parties involved.

Article 17– Preserving And Archiving Records Of The Transactions

1. The record of the orders and corresponding bills will be done in a safe manner in order to preserve it.

Article 18– Applicable Law And Jurisdiction

1. The selling conditions mentioned above are subject to the Portuguese law.

2. In the case where there is a litigation that can’t be solved between the parties involved, then this dispute will be addressed to the Court of Law in Porto.

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