TERMS AND CONDITIONS
Introduction
The offer and the sale of Products through this online shop is proposed by the company Barros & Matias S.A., and are drawn up in compliance with the regulations on electronic commerce and distance sale contracts.
Barros & Matias S.A. is the owner of the brand OIA Design (“OIA”) exhibited on this Website.
The company:
Barros & Matias S.A.
Avenida da Estação, 10
Zona Industrial de Oiã
3770-068 Oiã
Portugal
VAT number: PT505839210
Tel : +351 234 729 600| Fax : +351 234 729 605
E-mail: info@barmat.pt
The Customer declares to have read all the information and general conditions of sale presented herein, before placing an order.
General Conditions of Sale
These general conditions of sale ("General Conditions") regulate methods and conditions of sale of the products marketed by OIA ("Products").
All products sales contracts from Barros & Matias S.A. to third parties ("Customers") are regulated by these General Conditions, which are an integral and essential part of any proposal, order, and placement of a purchase order for the Products. Sales conditions applied to the orders are those in force at the moment of placing the order.
1. Products: prices and features
Unless otherwise agreed, Products prices published on the website by Barros & Matias S.A. are in Euros, include VAT but exclude delivery costs. Prices guaranteed to the Customer shall be those published on the Website on the day the order is placed. The price stated at the moment of purchase is fixed and definitive.
Technical and functional features of the Products published by Barros & Matias S.A. contained in this Website to illustrate Products are those sent by producers. Barros & Matias S.A. is not liable for the truthfulness and completeness of the information. Products images are for illustrative purpose only and are not binding.
Products cannot be sent for testing. Although OIA Online Store operators can provide Customers with information on the Products, the Customer is responsible for the choice of the Products ordered and for their conformity to the specifications sent by each producer.
2. Orders - billing
Each order placed represents a contractual proposal of the Customer. Clearance of the order by Barros & Matias S.A. represents its confirmation and acceptance.
Tax documents related to orders will be issued by Barros & Matias S.A. at the time of dispatching Products to the Customers.
The invoice will be issued by Barros & Matias S.A.. The Customer will have to indicate the exact necessary data and the billing address, on “My Account” page.
3. Order fulfillment
The order will be fulfilled according to the terms stated on the Website.
Once an order is confirmed, it should be canceled only within 24 hours, at the end of which the customer is obliged to pay for the order. In accordance with the laws, our customers, anyway, could return the order within 30 days in Portugal and 14 days for other European countries of receipt, as our return policy states (9. Right to Cancel).
Deliveries usually take place within 24/48 hours for Portugal and 3/10 days for other destinations, if Products are marked as "available".
Should the order not be executed (in the event of unavailability of the Product ordered), Barros & Matias S.A. will inform the Customer as soon as possible about the delivery time, subject to the Product availability. Should the Customer not intend to wait (no later than 30 - thirty - weekdays) and decide to give up the Product, Barros & Matias S.A. will refund the Customer of the price at the time of the purchase.
In the event of breakage, stock depletion or unavailability of the ordered Product, Barros & Matias S.A. will inform the Customer as soon as possible, stating a new deadline for Product availability.
The Customer will send an e-mail confirmation for his/her choice, that is to wait for the Product supply or to request a refund.
4. Order acceptance
The conclusion of the agreement will only take place at the moment of the order confirmation by Barros & Matias S.A..
The Customer will be notified of the acceptance by e-mail. The message will state the order confirmation with all the elements of the agreement (Products, prices, delivery dates, shipping costs, ...) Barros & Matias S.A. reserves the option not to confirm any order for whatever reason, especially if involving supply problems, or the order itself.
5. Product delivery
Products are shipped to the address stated by the Customer.
Deliveries will take place as soon as the payment confirmation is received: bank transfers are attested by the credit on our current account, credit card payments are attested by the transaction confirmation by the circuit.
We deliver through qualified express couriers, such as DB Schenker, TNT, UPS, DHL or specialists in furniture delivery, to guarantee the quality of our service and Products integrity.
5.1 Delivery Time
Barros & Matias S.A. ships orders usually within 24/48 hours for Portugal and 3/10 days for other destinations, subject to Product immediate availability in stock. Delivery times are stated in weekdays.
For Products having different delivery times, the deadline applied is equal to the item with the longest delivery time. For delivery delays of less than 30 (thirty) days, the Customer is neither allowed to refuse the delivery nor to ask for refunds or compensations.
Barros & Matias S.A. reserves the right, if necessary, to segment the delivery of Products in different steps (even for items belonging to the same order).
Delivery is to be considered completed at the moment the Product is consigned to the Customer.
The delivery note issued by the courier and dated and signed by the Customer is proof of transport and delivery of the Product.
5.2 Delivery on street level and Assembling
Deliveries are to be intended on street level: Products will not be delivered on the Customer's floor and we will not take any trade-in.
Unless otherwise specified or agreed in written form, Barros & Matias S.A. does not offer any assembly service.
The majority of our Products is delivered in the pre-assembled form: final assembly is usually very easy and generally consists of assembling determined pieces.
Please note:
On delivery, the Customer must verify the content of the package, the conformity, and state of the Product(s). Barros & Matias S.A. recommends verifying the overall state of the Product(s) before signing the delivery note. In particular, the Customer must verify that:
- number of parcels corresponds to that stated in the enclosed delivery note;
- the package is intact, neither damaged nor wet or adulterated, and the content undamaged.
Should the Customer note any anomalies, delivery of the Products must be refused or detailed reserves must be put in writing and dated.
Once the Customer signs the delivery note with no "reserve", he/she will not be able to question the external conditions of the delivered Product. Issues about integrity, correspondence or completeness of the Products received must be notified within three 3 (three) days from the delivery.
Unless otherwise specified, all deliveries will take place on street level.
Special delivery terms and conditions must be previously agreed between the Customer and Barros & Matias S.A., and accepted in writing by Barros & Matias S.A..
5.3 Duties and taxes
Please, remember that international deliveries outside the European Union do not include customs & clearance fees, duties & taxes, and any other local taxes. OIA is unable to offer guidance on such duties or taxes and recommend that you contact your local Customs Office. These duties are payable by the customer prior to their delivery or at the time of the delivery (the amount will be calculated once the goods arrive in customs) and will be at the customer’s expense.
OIA does not manage the tax refund. You can either contact the customs directly or have the delivery done to the asked address.
6. Products pick up - Customer's absence
In case the Products could not be delivered to the address provided by the Customer during the order process, the courier will leave a note stating address and method for collecting the package. If the Customer does not collect the package within the deadline indicated by the courier, Products will have to be returned carriage paid to Barros & Matias S.A., that reserves the right to refund the Customer for the price of the Product, minus charges for shipping.
In the event of an error during the delivery, the Customer is in charge of returning the Product(s) to Barros & Matias S.A. within 7 (seven) days from delivery, in the original and intact packaging, with its delivery note.
Once the Product is received in its correct form, Barros & Matias S.A. will send at its own expenses the Product initially ordered.
7. Force majeure
The following cases are to be considered as force majeure, apart from those specified by law:
- total or partial strikes, internal or external to the Company, stop of means of transport or provisions for any reason, governmental or legal restrictions, computer breakdowns, telecommunication halt included networks and the Internet.
Force majeure will cause the suspension of the order. If after 3 (three) months parties observe the persistence of the force majeure, the order will be automatically canceled, unless otherwise agreed.
8. Products warranties - Technical assistance
Barros & Matias S.A. only guarantees Products integrity until the delivery time (further on, "Barros & Matias S.A. Warranty").
8.1 Possible defects covered by the Barros & Matias S.A. Warranty must be reported by the Customer not later than 14 (fourteen) days from the date of delivery. In case the Barros & Matias S.A. Warranty can be applied, the Customer has the right to have his damaged Products replaced after returning them, excluding any right for compensation for further damages. The necessary shipping costs to replace the items are covered by Barros & Matias S.A..
8.2 Except for the supposition of fraud or of an important guilt of Barros & Matias S.A., it’s from now settled that, should be recognized the responsibility of Barros & Matias S.A. towards any claim of the Customer - including the partial or full non-execution of the obligations assumed by OIA Online Store towards the Customer regarding the execution of an order – the responsibility of Barros & Matias S.A. cannot be higher than the price of the Products purchased by the Customer and about which a contestation was raised.
9. Right to Cancel
9.1 According to art. 10 of the Decree-Law number 24/2014 of the 14th of February 2014, the Customer (if recognized as “Consumer” according to the art. 3, topic “c”) has the right to withdraw from the contract and to send back the Products ordered, with no penalty and without specifying the reasons, not later than 14 (fourteen) days from the delivery time.
9.2 The Right to Cancel the contract of sale can be exercised by the Customer within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the goods.
To exercise the right to cancel, the Customer must inform us:
- by mail Barros & Matias S.A. - Avenida da Estação, 10; Zona Industrial de Oiã; 3770-068 Oiã; Portugal
or
- by email at plemos@barmat.pt
of his/her decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail) providing order “unique number”.
To meet the cancellation deadline, it is sufficient for the Customer to send his/her communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.3 Effects of cancellation
Should the customer cancel this contract, we will reimburse to the Customer all payments received, including the costs of delivery (except for the supplementary costs arising if the Customer has chosen a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by the Customer.
We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from the Customer any goods supplied, or (b) (if earlier) 14 days after the day the Customer provides evidence that he/she has returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about the Customer's decision to cancel this contract.
We will make the reimbursement using the same means of payment as used for the initial transaction. The Customer will not incur any fees as a result of the reimbursement.
9.4 The Customer shall send back the goods or hand them over to us at the address:
Barros & Matias S.A. - Avenida da Estação, 10; Zona
Industrial de Oiã; 3770-068 Oiã; Portugal without undue delay and in any event not later than 14 days from the day on which the Customer communicates the cancellation from this contract to us. The deadline is met if the Customer sends back the goods before the period of 14 days has expired.
The Customer will have to bear the direct cost of returning the goods except if the return reason is a damaged or faulty product. In that case, Barros & Matias S.A. will bear it.
9.5 The Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
The returned goods must be in a resalable condition.
9.6 The right to cancel stated in point 9.1 cannot be exercised by the Customer if the Products purchased have been made to the consumer's specifications, are clearly personalized or deteriorate or expire rapidly.
9.7 Barros & Matias S.A. recommends verifying the overall state of the Product(s) before signing the delivery note. In particular, the Customer must verify that the number of parcels corresponds to that stated in the enclosed delivery note and that the package is intact, neither damaged nor wet or adulterated, and the content undamaged.
10. Payment
Payment is due at the moment of the order confirmation.
The Customer commits to pay the agreed price for the Product ordered on the Website (the price of the Product plus Shipping costs), and to pay - when necessary and directly to the courier - VAT and any other tax related to the import of Products in the country of destination of the Product.
Customers pay for the order:
- by bank transfer in favor of Barros & Matias S.A.;
In the event of missing reception by Barros & Matias S.A. of the bank transfer within the following 5 (five) days from the order, Barros & Matias S.A. reserves the right to cancel the order. Bank details of the Company will be provided at the order confirmation.
- by Paypal.
The Customer guarantees to Barros & Matias S.A. to have all authorizations necessary to use PayPal while confirming the order.
11. Failure to pay - Conditional sale
Products ordered are the property of Barros & Matias S.A. until the definitive and complete payment of their price (Art. 405 and following of the Portuguese Civil Code). Barros & Matias S.A. reserves the right to demand the Products ordered in case of failure to pay.
12. Claims
Complaints about non-compliance of delivered Product(s) with the order must be sent in writing to Barros & Matias S.A., immediately after receiving the goods.
The Customer must keep the original packaging and the delivery note.
13. Personal information
Customers' personal data, including e-mail addresses of the Website users, are processed in accordance with the art. 13 and 14 of the Regulation (EU) 2016/679 "Regulamento Geral de Proteção de Dados", also known as Privacy Policy.
Personal information requested from and related to the Customer is essential to process and ship the order, to issue invoices and to draft warranty agreements, as the case may be. For this purpose, Barros & Matias S.A. may provide suppliers with this information personal.
The Customer may object to this disclosure (pursuant to art. 16, 17, 18 and 19 of the Regulation (EU) 2016/679) and has the right to access, modify, amend and delete all data related to him/her, by writing to Barros & Matias S.A. - Avenida da Estação, 10; Zona Industrial de Oiã; 3770-068 Oiã; Portugal.
For further information, please refer to GDPR (General Data Protection Regulation), Regulation (EU) 2016/679 of the European Parliament and of the Council, in Portuguese "Regulamento Geral de Proteção de Dados".
In order to avoid any attempt of fraud, Barros & Matias S.A. may ask proof of the Customer's identity and domicile.
14. Electronic signature
The "approval click" constitutes an electronic signature.
Between the parties, this electronic signature has the same legal value as a handwritten signature.
15. Non-renunciation
Anyone or more failure by Barros & Matias S.A. to enforce any provision of this agreement or to exercise any right shall in no way constitute a waiver of such right or remedy on any future occasion.
16. Agreement integrality
These General Conditions of Sale represent all obligations of the parties. No other general or special term and conditions communicated by the customer shall neither be included in nor depart from these General Conditions.
17. Intellectual property
Barros & Matias S.A. owns the intellectual property right upon the Website and the right to display the elements of the e-shop catalog. Consequently, a total or partial reproduction of the elements contained in the Website or the catalog on any medium whatsoever, the use of such elements and the fact to make them available to third parties are formally prohibited.
18. Nullity
Should one or several clauses of these General Conditions be considered as being non-valid or is declared to be so in accordance with an act, a rule or pursuant to the definitive ruling of a competent court, the remaining clauses will remain valid.
19. Competent court
This agreement is governed by Portuguese law.
In the event of a dispute and where no amicable settlements were reached between the parties, where applicable mandatory dispositions of law related to consumer protection (Decree-Law number 24/2014 of the 14th of February 2014), any controversy linked to these General Conditions will be of exclusive competence of the Court of Oliveira do Bairro (Tribunal Judicial de Oliveira do Bairro, Portugal).
Pursuant to and by the effect of art. 405 and following of the Portuguese Civil Code, the Customer declares to have accurately read, understood and accepted specifically the following clauses of these General Conditions of Sale of Barros & Matias S.A.: 1-2-3-4-5-6-7-8-8.1-8.2-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.
20. Product Care
Oiã, Portugal — 2022-01-01