Terms and conditions of use

1.Titularity of the domain www.metsafil.pt

This document establishes the General Conditions of use and the General Conditions of Online Sale of the page www.metsafil.pt

Metsafil reserves the right to modify these General Conditions of Use and the General Conditions of Sale freely and at any time in order to adapt them to the applicable legislation, without the need for any prior notice.
 

Navigation through the website www.metsafil.pt, as well as the purchase of any product, presupposes the acceptance of the present General Conditions of Use and the General Conditions of Sale contained in this page.

The website www.metsafil.pt is owned by METSAFIL, Lda., Headquartered at Rua das Urzes Nº341, Estela, Póvoa de Varzim, registered
at the Póvoa de Varzim Commercial Registry Office under the unique registration number and corporate body 514 151 005.



2. Subject matter and scope

 

These General Terms and Conditions of Use apply to visitors to www.metsafil.pt and as well as any commercial transactions carried out through the Metsafil virtual store available in it.

The navigation on the site, as well as the purchase of any product in Metsafil Online, implies the acceptance of the present General Conditions of Contracting and Use by the User and the client.

Metsafil reserves the right to change these conditions of use and contracting without prior notice, and any changes published on the site www.metsafil.pt

3. Content information

The site www.metsafil.pt is for private use only. The reproduction, transfer, distribution or storage of the contents of the site www.metsafil.pt without prior written permission is prohibited for purposes other than strictly personal use.

Metsafil reserves the right to modify at any time the information and commercial offer presented on: products, prices, promotions, commercial conditions and services.

It is expressly forbidden to introduce links from our site for commercial purposes without prior authorization from Metsafil. Likewise, the use of the domain www.metsafil.pt for abusive purposes, and without prior authorization, may be susceptible of recourse to the competent legal means by Metsafil. In the event that you find in other sites, links that allow you access to www.metsafil.pt we inform that Metsafil does not have any responsibility neither on the origin of the page nor on the contents inscribed there.

 

We make every effort to ensure that the information presented is free of spelling mistakes and whenever they occur, we will proceed as soon as possible to the respective correction. In case the information presented does not correspond to the characteristics of the product, the Customer assists the right to terminate the purchase and sale agreement in the applicable legal terms.

The photographs presented on the website are merely illustrative. We recommend that you consult the detailed information of the product for clarification about the respective characteristics.

Prices and product specifications are subject to change without notice.

Despite the efforts of Metsafil, some products may be listed incorrectly, so we check the prices every time we process the orders. If the price of the product is lower than the advertised price, we will refund the difference. If the price is higher, we will inform the Customer by email and we will await the decision of your decision to accept the new proposal or cancel the order.

4. Intellectual and industrial property

All texts, comments, works, illustrations, works and images reproduced or represented on the site www.metsafil.pt are strictly reserved under the copyright and intellectual property rights, all over the world. Accordingly and under the terms of the Intellectual Property Code, use for private purposes is permitted only subject to contrary provisions including more restrictive provisions contained in the Code. Any reproduction or total or partial representation of the site www.metsafil.pt or of all or part of the elements included in it is strictly prohibited.

 

5. Responsibilities

 

All products marketed in Metsafil are in compliance with Portuguese legislation.

Metsafil declines any responsibility in case of violation of the legislation of the country where the order is delivered. It is up to the Client to verify with the local authorities the conditions of importation or use of the products that he wishes to order.

Metsafil is not liable for damages resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or service to Users.

6. Obligations of Customers and Users

The Customer and the User must comply with and comply with these general conditions. They undertake in particular to fulfill the following obligations:

1) It is prohibited to introduce, store or diffuse through the site defamatory, obscene, insulting, xenophobic and / or any other content that violates the general principles of law and public order;

2) Save and not divulge your password to enter the site in order to prevent third parties from accessing your account at metsafil.pt;

3) Do not use false identities;

4) Provide correct personal data and addresses so that Metsafil can properly process orders;

The Client is responsible for the accuracy of the data communicated to Metsafil and undertakes to immediately insert into its Metsafil Registration Account any changes thereto.

Metsafil declines any responsibility for any delay or impossibility of processing the order, namely in the act of delivery, due to error or insufficiency of the data communicated by the Customer.

The use of this site is subject to the conditions of use pre-defined by Metsafil, as its sole and exclusive owner.

Users are therefore expressly prohibited from transmitting messages or information that are abusive, misleading, defamatory, obscene or in any way violating the right to privacy or the intellectual or industrial property of others, as well as the provision of any information that may be harmful to third parties or to the site owner.

Metsafil reserves the right to delete the account of the user that fulfills any of these situations.



7. Privacy and Protection of Personal Data

7.1. Metsafil (Responsible for Data Processing) promotes the processing of personal data of individual customers, in compliance with the rules and principles established by the General Data Protection Regulation (GDPR).

7.2. The processing of personal data is justified by the consent provided by the holder of the personal data, the negotiation, execution and execution of contracts, the fulfillment of legal obligations and the interests legitimately pursued by Metsafil. The legal basis for the treatment is that provided for in the norm of art 6º, nº 1, als. a), b), c) and f) of the GDPR. The legitimate interests invoked refer to the trade, dissemination and marketing developed by Metsafil in the exercise of its commercial activity.

7.3. The personal data processed refer to the name, age, telephone contact, email address, tax identification number and address. If made available electronically, the processed data may include the registration of access to the website and data of access to the reserved area such as username and password, and if sent through our website, they are encrypted and protected by advanced security mechanisms and are intended for It will not allow the management of the website, the reserved access area, development and improvement of services and products made available to the Client.
 

7.4. The purpose of collecting and processing data is to develop and disseminate Metsafil marketing, products and services, including mailing lists, newsletters, site management, access, registration and organization, contract management, support to customer support, compliance with legal obligations, litigation management, and data security. The personal data collected will be kept for as long as Metsafil makes its services and products available to the Customer, being able to maintain such registration for a period after the termination of such condition up to the limit of the maximum period of prescription of contractual obligations, which is currently twenty years, after which they will be eliminated, without prejudice to the previously established regarding the conservation of voice recording data.

7.5. The data collected must be accurate and current, they are sent to the entity responsible for processing the data, and will not be transmitted to third parties without the prior authorization of its owner. This does not prevent them from being able to be shared without this consent for the fulfillment of legal obligations, namely before the Tax and Customs Authority, National Statistics Institute, ASAE, police or judicial authorities, and other entities before which Metsafil has an obligation that matters the transmission of the Client's personal data, to the extent necessary for the purpose of such obligation.        


7.6. The consent given by the user can be withdrawn by written communication addressed to Metsafil, the entity responsible for data processing, to the email address geral@metsafil.com, or to Rua Das Urzes nº341 4570-226 Estela (Póvoa de Varzim). The total or partial revocation of the consent will not compromise the lawfulness of the previous data processing, nor the need to preserve the treatment that is necessary to fulfill the purposes foreseen in the art. 6th, nº 1, als. b) and c) of the GDPR.        

7.7. The processing of personal data provided herein constitutes a requirement for access to the services and products marketed by Metsafil, the functionalities of the website, the management, preparation, fulfillment of orders and contracts, the fulfillment of legal obligations, and the lack thereof non-viability of the use of the reserved area of the website by the holder of personal data, receipt of communications from Metsafil and the limitation in the provision of services that presuppose the processing of personal data.  

7 .8. The holder of personal data has the right of access, rectification, deletion and the limitation and opposition to the processing of his personal data, as well as the portability of the personal data that he has provided that are based on consent and when the processing is automated.

7.9. The holder of personal data is entitled to lodge a complaint with the authority and control, which in Portugal is the National Data Protection Commission, with facilities at Rua de S. Bento, 148, r / C, 1200-821 Lisbon.

7.10. This communication complies with the duty to provide information provided for in art. 13 of the GDPR.
 
7.11. The relationship with Metsafil presupposes the acceptance by the Client of the terms and conditions of the Privacy Policy expressed in this document.

8. Order fulfillment online

To make purchases through the site www.metsafil.pt you need to register as a Customer by completing the form available online. Once you have registered, simply enter all the items you wish to purchase in the virtual shopping basket. You should follow all the steps of the purchase so that it is completed successfully.


Metsafil informs that the prices practiced in www.metsafil.pt are the same ones that are practiced in the physical stores of Metsafil.


The validation of the purchase order assumes that the Customer has taken cognizance and accepts the General Terms and Conditions of Use and Contracting of the website www.metsafil.pt. The data registered by Metsafil constitute proof of the set of transactions carried out between Metsafile and the Client. It is the responsibility of the v to file the electronic document in which the contract is formalized and to keep it accessible.


As soon as your purchase ends, you will receive an automatic email confirming the transaction. In case the data is not correct you can ask immediately for its change, or even, the cancellation of the purchase made.

 

 

9. Availability of products

Metsafil only processes an order placed by a customer upon confirmation of payment, unless the customer chooses the method of payment, and Metsafil can not guarantee the availability of the items until the beginning of the processing.


Metsafil only dispatches on weekdays. In this way, neither weekends nor holidays are counted towards estimated delivery of parcels.


In any case, the estimated delivery dates are indicative only. In case of any goods ordered, Metsafil may choose to: (i) contact the supplier inquiring about the possibility of replacing the missing article, contacting the customer in case the delivery period or the price of the article changes, will continue after consent given by the client; or (ii) cancel the order by reimbursing the customer for all amounts paid.


Any delay in the dispatch of articles, compared to the estimated dates presented, does not confer the right to compensation.

10. Cancellations, exchanges and returns



Applicable to purchases made at www.metsafil.pt

The Customer may cancel his order at any time until delivery, with the right to reimburse all amounts paid. Upon receipt of the order by the Customer, the Customer may exercise his right of free resolution under the terms legally provided and indicated below.

 

Failure to pay the order within 3 (three) days after the date it was made implies the automatic cancellation of the same.

Despite the efforts of Metsafil, some products may be listed incorrectly, so we check the prices every time we process the orders. If the price of the product is lower than the advertised price, we will refund the difference. If the price is higher, Metsafil will submit a new contract proposal with the duly rectified price, awaiting the confirmation or cancellation of the order.

 

 

CANCELLATION OF ORDERS:




Within the scope of its Customer Satisfaction Policy, and in accordance with applicable legal terms, Metsafil makes it possible to exchange or return (contract resolution) of articles, within 15 days from the date of receipt by the Client, without payment of compensation and without having to state the reason.


To do this, the Client must communicate its intention in writing, by e-mail or letter, to Metsafil. The articles must be returned within 15 days after receipt, accompanied by the original cash or invoice (article 6 of DL 143/2001, of April 26 with the wording given by DL 82/2008 of 20 May).


If you wish to exchange or return articles, you can contact Metsafil or contact Metsafil, who will provide you with all the information about the exchange / return process. In no case send the articles without previous contact because they will not be received.

 

The return and exchange of articles must comply with the following conditions:

-  Refund of articles in good condition, with complete original packaging and accompanied by the respective cash or invoice;

-  We do not accept exchanges of customized articles according to the specifications of the Client.

-  In accordance with the provisions of Decree-Law no. 82/2008 of May 20, Metsafil informs its Customers that in order to exchange or return any item, it must be in perfect condition, in its original packaging and with all included accessories, and must be accompanied by the respective proof of purchase or by invoice.

Metsafil does not accept return or exchange of these items after use.


After contact with Metsafil and you are given the return instructions, you can send us the item properly packed, with original packaging to the following address:

 

Metsafil | RUA DAS URZES, Nº 341 | 4570-226 ESTELA

All items will be checked upon arrival at our service and only those that respect the return conditions will be accepted for exchange or return.

 
If you choose to return the value we inform you that:


The refund is made by the same means of payment, according to the will expressed by the Client. In the case of payment by ATM or Bank Transfer, we request that you provide us with a NIB so that we can make the return in a faster way.


The return will be made after checking the condition of the product.


Metsafil reserves the right not to accept articles that do not fulfill these conditions.

11. Assurance of Consumer Goods and After-Sales Assistance

 

No DL 67/2003 of 8 April, as amended by DL 84/2008 of 21 May

 

All equipment is covered by a 2 year compliance guarantee.


In case the purchased product is defective or defective, you must notify Metsafil, informing your order number and description of the malfunction. Costs for returning or collecting items within the warranty period will be borne by the customer.


Upon receipt of the article at Metsafil's premises we will carry out the technical verification and, if we prove any lack of conformity, the article will be sent to the Trademark. In the event of a guarantee, we will replace the item and re-ship to your address at no additional cost.

 

If the technical check detects signs of misuse, and / or any problem that may have caused the malfunction of the article (eg, fall, humidity, etc.) you will be contacted to indicate if you intend to repair the equipment by even for the technical assistance of the brand.


In the case of out-of-warranty goods, Metsafil also provides technical assistance and can inform and send defective or malfunctioning goods to Metsafil. The articles will be analyzed by the technical department of Metsafil that will issue a technical opinion and its repair budget. The repair will only start after Customer's acceptance of the budget.

 

 

12. Governing Law

 

All purchases made on www.metsafil.pt are subject to Portuguese legislation. Any conflict or divergence of interpretation of the General Conditions of Contract and Use shall be submitted to the competent

Portuguese Court

 

In case our client is outside Continental Portugal, we inform that any judicial process should be sent to the Portuguese Courts.