Terms and conditions
Introduction
These Terms and Conditions are intended to govern the content of the website www.ipremium.pt, owned by Rui P.S.A.V. Tecnologias, Lda., legal entity no. 510749054, with registered office at Avenida 1 de Maio nº 20, 2500-081 Caldas da Rainha (hereinafter referred to as “iPremium®”).
The iPremium® brand and its derivatives are the property of the company Rui P. S. A. V. Tecnologias, Lda., and cannot be reproduced or invoked without prior agreement with its owner.
General conditions of Sale
1. Scope of application
1.1. The General Conditions of Sale defined below apply to all transactions of a commercial nature in which iPremium® participates as a supplier of goods and services, whether they occur in person at iPremium® physical stores or remotely.
1.2. These Conditions come into force on January 1, 2020, revoking and replacing any previously valid sales conditions, except for contracts in progress or orders that on that date are accepted or are in the shipping phase.
1.3. During the course of the commercial relationship with iPremium®, the customer is willing to accept these General Conditions of Sale without reservation, which will prevail over all provisions contained in orders or correspondence from the customer, except in cases where there is a written instrument stating express agreement from iPremium®.
1.4. When contracting via computerized means, the client undertakes to use the iPremium® website in compliance with applicable legislation, refraining from using the web pages for activities contrary to the law, morals and good customs, or rights and interests of third parties.
1.5. iPremium® reserves the right, without prior notice, to change the General Conditions of Sale, but without prejudice to the due safeguard of contracts already concluded and in progress.
1.6. For the purposes of these General Conditions of Sale, a customer is understood to be any person, legal or natural, who enters into a contract of a commercial nature with iPremium®, with a consumer being considered a natural person to whom iPremium® supplies goods or services intended for non-professional use.
2. Pricing
2.1. The prices shown on iPremium® websites, store displays, tables, quotes and proposals are presented in euros (EUR) and include the Value Added Tax (VAT) in force at the time.
2.2. The prices announced under the terms of the previous clause are valid at the time of your inquiry, except in the case of printing or typographical errors or stock outs.
2.3. iPremium® reserves the right to change the advertised sales prices without prior notice, with the new prices applying to purchases made and orders submitted from the date of the change.
3. Campaigns
3.1. iPremium® reserves the right to change current advertised campaigns without prior notice.
4. Product Specifications
Product specifications appearing on product pages, catalogs and other sales literature are valid at the time of consultation or during the period defined in these instruments, and iPremium® is not responsible for any errors or obvious lapses.
5. Budgets and proposals
Budgets and proposals attributable to iPremium® are valid for 15 days from the date of issue, unless otherwise stated in writing.
6. Orders
6.1. Ordering goods and contracting services can be carried out online or in person, at iPremium® stores.
6.2. When placed online, the submission of an order depends on the customer's prior registration on the iPremium® website.
6.3. All orders placed are subject to express or tacit acceptance by iPremium®.
6.4. The processing of any order depends on prior payment of the price, unless expressly stated otherwise.
6.5. The cancellation of an order, the change in the quantities or qualities of the goods ordered by the customer during the processing period requires validation by iPremium®, resulting in the refund of the price paid.
6.6. Modification, at the initiative of iPremium®, of quantities or qualities of ordered products depends on express acceptance by the customer and may result in an adjustment of the agreed contractual benefits.
7. Transport and delivery
7.1. The costs of transport and delivery of purchased goods, duly calculated, are the responsibility of the customer, except when something different results from the contract.
7.2. Delivery times are for indicative purposes only and are not binding on iPremium®, unless expressly stated otherwise.
7.3. iPremium® is not responsible for damages resulting from delays in delivery, except when expressly stipulated so.
7.4. In all situations in which delays in delivery are not attributable to iPremium®, the customer does not have the right to cancel the order or demand any compensation, for any reason whatsoever.
7.5. As the customer is a final consumer, under the terms defined in consumer legislation, the risk of loss or damage to goods sent for delivery by iPremium® is transferred to the consumer when he or a third party indicated by him, other than the carrier, acquires the physical possession of them.
7.6. If the consumer entrusts transportation to a person other than the one proposed by iPremium®, the risk is transferred to the consumer upon delivery of the goods to the carrier.
7.7. In any other situations, the risk of loss or damage to the goods is transferred to the customer upon delivery to the carrier of the goods, even if contracted by iPremium®.
7.8. Upon delivery, the customer must check the conformity of the goods, namely the condition of the packaging, informing the carrier of any damage they detect, mentioning them on the transport note they sign.
7.9. If the goods present damage that is not visible at the time of delivery, but which results from poor transport, the customer must, within three days, contact iPremium® in writing to the email address suporte@ipremium.pt.
8. Payment
8.1. Payments will be made in cash, ATM, Multibanco reference, MB Way, credit card, Paypal or bank transfer.
8.2. Failure to pay within the stipulated deadlines constitutes the customer in default, implying immediate termination of the contract without the need for the debtor to be contacted by iPremium® and with the legal consequences arising from such non-compliance.
8.3. Discounts, balances and promotions are defined in accordance with current legislation.
9. Intellectual property
9.1. All content and information contained in the domains and subdomains associated with iPremium® are its property.
9.2. The use, reproduction, copying and dissemination by other means of logos, texts, images and videos appearing on that website is subject to your prior authorization in this regard.
10. Legal guarantee
10.1. iPremium® guarantees the final consumer, defined in terms of consumer legislation, the restoration, free of charge, of the good's conformity with the contract when the lack of conformity is manifested within a period of two years from the date of delivery of the goods.
10.2. Once a non-conformity situation is detected, it must be reported to iPremium® within a maximum period of two months.
10.3. iPremium® may require delivery of the product for evaluation and certification of non-compliance by its technicians.
10.4. The communication referred to in point 10.2. It is made in writing using the form available online and must be accompanied by a synthetic description of the defect and the respective invoice or equivalent document proving the purchase by the consumer.
10.5. Alternatively, the consumer may deliver the non-conforming product to an iPremium® store.
10.6. Once the existence of the non-conformity has been verified by the competent department, and it is not due to misuse or any other cause attributable to the consumer that occurred after delivery, iPremium® ensures the repair or replacement of the item.
10.7. The transport costs arising from the restoration of conformity of goods covered by the legal guarantee will be borne by iPremium®.
11. Return and right of free resolution
11.1. Except for lack of conformity of the goods, it is not possible to return goods purchased in person at iPremium® physical stores, except in cases where there is prior written agreement from iPremium® and after checking the condition of the product to be returned.
11.2. In no case will returns of incomplete items, without components and accessories, with signs of improper use or whose handling exceeds that normally permitted in a commercial establishment, be accepted.
11.3. In the case of purchases made online, and in accordance with the respective legislation, the consumer, defined in terms of consumer legislation, has a period of 14 days, counting from the day the goods are received by the consumer or third party indicated by them, to proceed with the unjustified termination of the contract.
11.4. The right to free termination is exercised by filling out an unequivocal declaration of termination of the contract, using a form made available for this purpose on the iPremium® website.
11.5. In the event of a free resolution, the consumer will be responsible for the transport costs associated with returning the item.
11.6. Reimbursement of payments by iPremium® will be made using the same payment method used by the consumer in the transaction, unless expressly agreed otherwise.
11.7. Unless expressly agreed by iPremium®, the consumer cannot freely terminate contracts for:
a) Supply of goods made according to the consumer’s specifications or clearly personalized;
b) Supply of goods that, by nature, cannot be resent or are likely to deteriorate or become quickly out of date;
c) Supply of sealed goods that cannot be returned, for reasons of health protection or hygiene when opened after delivery, namely all products that are in direct contact with parts of the body, such as headphones, toothbrushes, machines cutting hair and beard, etc.;
d) Supply of goods that, after delivery and by nature, are inseparably mixed with other items;
e) Provision of sealed audio or video recordings or sealed computer programs, from which the consumer has removed the inviolability guarantee seal after delivery;
f) Provision of digital content not provided in physical form if:
i) Its execution begins with the prior and express consent of the consumer; It is
ii) The consumer recognizes that their consent implies the loss of the right to free resolution;
g) Provision of repair or maintenance services to be carried out at the consumer's home, at the consumer's request.
12. Applicable law and Alternative Dispute Resolution
12.1. Any transaction of a commercial nature between iPremium® and the customer is subject to Portuguese legislation.
12.2. iPremium® is not bound by any RAL entity by membership or by legal imposition.
Important: The article must be collected within 15 days, counting from the date of this notification. If the item is not collected within this period, the item will be sent to the warehouse, allowing an additional period of 90 days for this purpose. After this period, if the article has not been collected, it will be considered abandoned, under the terms set out in article 1318 of the Civil Code, which may result in the loss of ownership rights in favor of iPremium®.