TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
Any placed order implies the acceptance without reserve by the customer of our general terms and conditions of sale. Conditions those contained in the catalog at the date of the respective order, which content the customer agrees to have prior knowledge. No clause counter to those conditions may be opposed to Cobermaster unless Cobermaster has formally accepted it in writing. These general conditions of sale are appliable only to entities located in portuguese territory. Purchase and sale contracts will be considered concluded at the date of receipt by the purchaser and after order confirmation by Cobermaster. Whenever the products are ordered on behalf of others, the individual who makes the respective order is jointly responsible with the beneficiary, for them and for their effective and full payment to Cobermaster. Orders for delivery in P.O. boxes or on consignment are not accepted. Cobermaster reserves the right to modify these general terms and conditions of sale of the products at any time without previous notice.
The products available for sale are the ones contained in the Cobermaster digital catalog, printed catalogue and online store, reserving Cobermaster in advance 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 the ones mentioned in the catalogue, except photo or text error printing. All the products in the Cobermaster printed and digital catalogue and on the online store are subject to changes and improvements and can also be discontinued if Cobermaster so decides.
Cobermaster can not be held responsible in case there are errors in the values and/or characteristics of the products when they arise from technical problems beyond its control.
TRANSPORT, DELIVERY AND ASSEMBLY SERVICES
Cobermaster undertakes to deliver the goods at the address given by the customer, provided that his/her facilities are located at ground level and in Portugal mainland. If the location indicated by the customer does not respect these conditions, Cobermaster may, upon request of the customer, and as ancillary service, deliver the order on the indicated site, being the costs of that service, supported by the client. In case of omission by the customer, that the place of unloading does not meet the conditions above indicated or it occurs the non-acceptance of the accessory delivery service offer, the risk of the goods is imputed to the customer, provided that they are transported to the address indicated by him/her. Cobermaster does not assembly or install the products provided, unless expressly requested by the customer accordingly. Cobermaster has an assembly and installation team that can provide this customer service by presenting a budget that will have to be accepted by the customer at the time of the awarding contracts.
At the time of receipt of the goods, the customer, in the carrier presence should check the good condition of the delivered goods and the number of packages received with the constant in the delivery slip. If the packaging presents damage or violation signs, the customer, in the carrier presence, shall proceed to the opening of the same, checking the condition of the goods and recording such facts on the delivery slip. If possible, we advise you to take photographs that might help prove the condition of the packaging. Such situations should be communicated to Cobermaster in writing within 72 hours, otherwise it will not be accepted any claims on that basis. The procedure mentioned above also applies to any non-compliancies relating to the provision of ancillary services for sale that eventually have been agreed.
In the purchase order confirmation, the customer will be informed of the deadline set for the requested products, with the shipment of the products in stock, made within five (5) business days from the confirmation of the order form, or if appliable, the respective payment, except in case of stockout, modifications in technical specifications, cases of force majeure, or any other exceptional circumstances. Whenever Cobermaster can not send the ordered products, by virtue of the facts mentioned above, Cobermaster undertakes to inform the author of the order of such failure, and may have alternative products with the same characteristics. Cobermaster does not guarantee the actual delivery time of the products ordered due to the delays that may occur between the dispatch and receipt, which do not give the customer the right to cancel the order or claim for any compensation, for whatever purpose, should Cobermaster in these situations, inform the customer of the motivating reasons for the delay. The deadlines communicated by Cobermaster are merely indicative and therefore in any case of non-compliance Cobermaster cannot be held liable. After checking a period exceeding 30 working days between the order confirmation and the set or effective delivery deadline, the customer may cancel, in whole or in part, the order as long as it is in writing and Cobermaster confirms the receipt of such communication. The order of products provided by measure involving manufacturing or transportation, is not allowed to be cancelled, unless Cobermaster confirms that the manufacture of this order has not started yet.
It is allowed to Cobermaster, to make partial delivery of orders, in particular, when there are no products in stock.
The prices in the catalogues of Cobermaster are unitary, fixed in euros, excluding VAT, with transportation to the mainland and packaging included. The packaging has no recovery value. The products not listed in this catalogue/website will be budgeted in writing, case by case. The purchase prices are the prices in force at the time of the request, to confirm during the acceptance of the respective order of the product, deducted, if appliable, any of the bonuses or relevant campaigns and added of the appropriate amount of VAT at the rate in force at that time, except text or photo error printing. If for economic reasons, particularly in the case of the increase of the price of raw materials, some prices may be amended before the end of the catalog validity period, the customer will be informed of this change at the time of order and respective confirmation.
The payment of the orders celebrated with Cobermaster of value equal or less than € 100.00 (one hundred euros), excluding VAT, will have to be made within five (5) working days after confirmation of the order, through bank transfer to Cobermaster account with the IBAN PT50 0010 0000 3568 0550 0011 1. In other cases, payment of invoices shall be made within thirty (30) days after the last day of the month of issue thereof, except non-acceptance of credit granting. There can be negotiated other payment deadlines but those have to be agreed and accepted in writing by Cobermaster and the client. The payment may also be made by bank check, sent to Cobermaster headquarters, constant in these catalogues, or by bank transfer to the bank account mentioned above.
The non-compliance of an invoice payment deadline implies the immediate expiration of all other invoices and suspension of any credit granting. Cobermaster is also authorized, in these circumstances, to cancel other orders already made. The customer should also, in the event of non-compliance, pay all the expenses and debt colleting costs. The customer in outstanding debt regarding the payment of any invoice shall be subject to interest till the day of the payment, calculated at the legal rate in force for commercial operations. Occurring partial payments of amounts in delay, these sums paid will first be imputed, to the expense of recovery, then to the default interest and finally to the capital debt. In any case, may the client refuse to Cobermaster the payment of goods and services provided, or make any reduction or compensation without prior written permission of this.
After the delivery of the ordered products, the customer has a period of thirty (30) days to make the claim of any non-compliance in these and/or make a request of their return, in writing to Cobermaster. We will only accept returns or exchanges of products, as long as the products to return, are in the exact conditions they were when received, i.e., in perfect condition, with all their accessories and related documentation and in their original and unmodified packagings. The non-following of the above conditions implies the refusal of the returning acceptance. In the case of products provided by measure involving manufacturing or processing, return or exchange is not accepted, except if it is proven non-conformity between the supplied product and the product ordered. The transportation of the goods to return or exchange will be requested by Cobermaster. The cost of transportation is supported by Cobermaster if the exchange or return is due to a proven non-conformity of the product ordered and received. In other cases the cost of transportation will have to be charged to the customer.
The products listed in Cobermaster catalogue, benefit from a guarantee against malfunctions of 24 (twenty four) months from the date of issue of the respective invoice.
The warranty covers the product repair (including spare parts and technical assistance) and Cobermaster, if so decides, may replace the product with the same product, or of equivalent functionality.
After more than thirty (30) days from the date of delivery of the product, the cost of packaging and shipping of the defective product, between the client and the Cobermaster and vice versa, is of customer’s responsibility.
In order for the warranty to be valid, the client must notify the defect to Cobermaster by registered letter with acknowledgment of receipt. Then the return of the product must be made, accompanied by a copy of the respective invoice. Finally, and already at Cobermaster facilities an analysis will be carried out in order to find the reported defect and the cause of it.
The guarantee will be excluded in the following cases:
a) Abnormal, improper or non-compliant use of the product according to its technical characteristics, customer negligence in installation, maintenance or storage of the product;
b) Normal wear, in particular when it comes to consumable parts;
c) Processing or incorporation of the product or incompatibility with other materials.